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NO. DOCUMENTS 
CLEARiWGHOUSE 

FEB 12 1992 

N.C. STATE LIBRARY 
RALEIGH 



Digitized by the Internet Archive 
in 2013 



http://archive.org/details/journalofsenateo19nort_5 



JOURNAL 

OF THE 

SENATE 

OF THE 

GENERAL ASSEMBLY 

OF THE 

STATE OF NORTH CAROLINA 



EXTRA SESSION 

1989 



Lithographed by 

West Publishing Company 

St. Paul, Minn. 



OFFICERS AND MEMBERS 
OF 

THE SENATE OF NORTH CAROLINA 

GENERAL ASSEMBLY 
EXTRA SESSION 1989 

JAMES C. GAEDNER, President Rocky Mount 

HENSON P. BARNES, President Pro Tempore Goldsboro 

KENNETH C. ROYALL, JR. , Deputy President Pro Tempore Durham 

SYLVIA M. FINK, Principal Clerk Raleigh 

LEROY CLARK, JR, Reading Clerk Wendell 

GERDA B. PLEASANTS, Sergeant-at-Arms Gary 

DISTRICT NAME OF SENATOR CITY of RESIDENCE 

1 MARC BASNIGKT Manteo 

2 FRANK W. BALLANCE, JR Warrenton 

3 WILLIAM H. BARKER Oriental 

4 A. D. GUY Jacksonville 

5 WENDELL HOLMES MURPHY Rose Hill 

6 R. L. MARTIN Bethel 

7 FRANKLIN BLOCK Wilmington 

8 HENSON P. BARNES Goldsboro 

9 THOMAS F. TAFT Greenville 

10 JAMES E. EZZELL, JR Rocky Mount 

11 JAMES D. SPEED Louisburg 

12 JOE B. RAYNOR Fayetteville 

LURA S. TALLY Fayetteville 

13 KENNETH C. ROYALL, JR Durham 

RALPH A. HUNT Durham 

14 JOSEPH E. JOHNSON Raleigh 

WILLIAM W. STATON Sanford 

J. K. SHERRON, JR Raleigh 

15 N. LEO DAUGHTRY Smithfield 

16 RUSSELL G. WALKER Asheboro 

WANDA H. HUNT Pinehurst 

17 J. RICHARD CONDER Rockingham 

AARON W. PLYLER Monroe 

18 R. C. SOLES, JR Tabor City 

19 . ROBERT G. SHAW Greensboro 

20 - MARVIN M. WARD Winston-Salem 

TED KAPLAN Lewisville 

21 GEORGE B. DANIEL Yanceyville 

22 JAMES C. JOHNSON, JR Concord 

23 PAUL S. SMITH Salisbury 

BETSY L. COCHRANE Advance 

24- WILLIAM D. GOLDSTON, JR Eden 

A. P. SANDS III Reidsville 

25 J. OLLIE HARRIS Kings Mountain 

HELEN RHYNE MARVIN Gastonia 

MARSHALL A. RAUCH Gastonia 

26 ' AUSTIN M. ALLRAN Hickory 

HOWARD F. BRYAN Statesville 

. 27 DONALD R. KINCAID Lenoir 

DANIEL R. SIMPSON Morganton 

28 ROBERT S. SWAIN Asheville 

DENNIS J. WINNER Asheville 

29 ROBERT C. CARPENTER Franklin 

CHARLES WHEELER HARDIN Canton 

30 DAVID RUSSELL PARNELL Parkton 

31 ' WILLIAM N. MARTIN Greensboro 

32 RICHARD E. CHALK, JR High Point 

33 JAMES F. RICHARDSON Charlotte 

34 T.L. ODOM Charlotte 

35 LAURENCE A. COBB* Charlotte 

CONSTANCE K. WILSON Charlotte 

•(Resigned 8/14/89)(Unexpired Term Filled 9/1/89) 



SENATE JOURNAL 

EXTRA SESSION 
DECEMBER-1989 



FIRST DAY 

: Senate Chamber, 

Thursday, December 7, 1989. 

In accordance with law, as set forth in the Constitution of the State of North Caro- 
lina and pursuant to the Proclamation issued by the Governor on November 24, 1989, 
the Senate of the North Carolina General Assembly convenes in Extra Session at the 
hour of 12:00 Noon in the Senate Chamber of the State Legislative Building in the City 
of Raleigh. 

The Honorable James C. Gardner, Lieutenant Governor and President of the Sen- 
ate, presides and calls the Senate to order. 

Prayer is offered by the Reverend Steve Lucas, Senate Chaplain, as follows: 

"Father, for lime to return to our families and profession, for the insight that comes 
only from rest and reflection, and for the chance to renew relationships with those in 
this Body, we give You thanks. 

"We also remember today. Father, those Americans who forty-eight years ago 
made an overwhelming sacrifice defending our country, so that we are able to meet 
here to pursue the process of government in an open and free manner. 

"We gather today. Father, in this Senate to grapple with a difficult issue. We con- 
fess that we hold no special wisdom or perspective on this problem, so we turn as we 
have so many times before, to You, for guidance. Give us the strength to ask tough 
questions, but also give to us a spirit of cooperation. Help us to put aside personal 
distractions and allow us to focus on the task of making thoughtful decisions. 

"Thank You, Father, that our concerns are Your concerns. Thank You, that when 
we honestly seek You, we can rest, knowing that we are heard with a sensitive ear. 

"In Your Name, Amen." 

In commemoration of those men who sacrificed their lives at Pearl Harbor forty- 
eight years ago today, the Lieutenant Governor recognizes Senator Oilie Harris of 
Cleveland County, who leads the members and guests in the gallery pledging alle- 
giance to the United States of America. 

The President directs the Reading Clerk to read the following Proclamation conven- 
ing the General Assembly issued by Governor James G. Martin, November 24, 1989: 



December 7, 1989 



James G. Martin 

Governor 



SENATE JOURNAL [Extra Session 

STATE OF NORTH CAROLINA 

PROCLAMATION 



In Chapter 168 of the 1989 Session Laws, the General Assembly of North Carolina 
made legislative findings including (i) that the safe management of hazardous waste, 
and particularly the timely establishment of adequate facilities for the treatment and 
disposal of hazardous waste, is one of the most urgent problems facing North Caro- 
lina, (ii) that safe management of hazardous waste is essential to protect public health 
and safety and the environment and to continued economic growth, and (iii) that the 
most practical approach to hazardous waste management, including compliance with 
the CERCLA/SARA capacity assurance requirements, is through a regional approach. 

To the end that a regional approach to hazardous waste management could be ac- 
complished. Chapter 168 of the 1989 Session Laws authorized me, as Governor, to 
enter into interstate agreements approved by the General Assembly for the manage- 
ment of hazardous waste. 

After the enactment of Chapter 168 of the 1989 Session Laws, negotiations were 
conducted among representatives of the States of Alabama, Georgia, Florida, Ken- 
tucky, Mississippi, South Carolina, Tennessee and North Carolina in an effort to 
reach an interstate agreement for the management of hazardous waste. As a result of 
those negotiations, Alabama, Kentucky, South Carolina and Tennessee have entered 
into such an interstate agreement. Further negotiations with those four states have 
now resulted in agreed terms for North Carolina to become party to the interstate 
agreement with Alabama, Kentucky, South Carolina and Tennessee. 

I find that this agreement is consistent with the requirements of Chapter 168 of the 
1989 Session Laws, would meet the needs of North Carolina for hazardous waste 
treatment and disposal, and achieve compliance with the CERCLA/SARA capacity 
assurance requirements. I recommend the agreement to the General Assembly. That 
being so, it is appropriate that I present the agreement to the General Assembly for its 
approval, as required by Chapter 168 of the 1989 Session Laws and that an extra 
session of the General Assembly be convened for that purpose. 

As required by Article III, Section 5(7) of the Constitution, I have sought and re- 
ceived the advice of the Council of State concerning the necessity for an interstate 
agreement and the requirements of Chapter 168 of the 1989 Session Laws and received 
from them their advice that immediate approval of such an interstate agreement by the 
General Assembly is in order and that it is appropriate for the General Assembly to be 
convened into extra session as provided in Article III, Section 5(7) of the Constitution 
for that purpose. I have also discussed the matter with the Lieutenant Governor, the 
President Pro Tempore of the Senate and the Speaker of the House of Representatives. 
They are of the same view. 

ACCORDINGLY, pursuant to the authority granted to me by Article III, Section 
5(7) of the Constitution of North Carolina, I find that the circumstances stated above 
constitute an "extraordinary occasion" within the meaning of Article III, Section 5(7) 
and PROCLAIM that the General Assembly is hereby convened in extra session for 
the purpose of approving the interstate agreement for the management of hazardous 
waste. 

This extra session shall begin December 7, 1989, at 12:00 noon, and shall continue 
as provided by law and the respective rules of the Senate and House of Representatives 
until both houses shall have adjourned such special session sine die. 



December 7, 1989 



1989] SENATE JOURNAL 7 

Done at Lake Norman, Iredell County, North Carolina, this 24th day of November, 
1989. 

S/James G. Martin 
(SEAL) 

The roll of the members of the Senate heretofore elected to the 1989 General As- 
sembly, having properly received and subscribed to the oath of office, is called and 
the following answer the call: 

Senators Allran, Ballance, Barker, Barnes, Basnight, Block, Bryan, Carpenter, 
Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, Harris, 
Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, 
Kincaid, Martin of Pitt, Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, 
Richardson, Royall, Sands, Shaw, Sherron, Smith, Soles, Speed, Staton, Taft, 
Tally, Walker, and Ward— 44. 

The President announces a quorum present. 

Without objection, the President grants leaves of absence to Senator Martin of Guil- 
ford who is attending the Southern Education Improvement Labs meeting in Atlanta; 
to Senators Odom and Winner due to "unavoidable conflict;" to Senator Simpson due 
to illness; and to Senator Swain who submitted the following letter to the Office of the 
Principal Clerk: 

North Carolina General Assembly 

Senate Chamber 

State Legislative Building 

Raleigh 27611 

December 1, 1989 

Ms. Sylvia Fink 

Senate Principal Clerk 

North Carolina General Assembly 

Legislative Building 

Jones Street 

Raleigh, North Carolina 27611 

Dear Sylvia: 

I regret to inform you that I will be unable to attend the Special Session of the North 
Carolina General Assembly scheduled for December 7, 1989, because I will be admit- 
ted into Duke University Medical Hospital on December 5, 1989 and will be confined 
there for approximately 8 days. My proposed discharge date from Duke is December 
13, 1989. 

I am sincerely sorry that I will not be able to attend the Special Session, and I hope 
that I will be allowed an excused absence. 

Sincerely, 

S/ Robert S. Swain 

RESIGNATION AND APPOINTMENT 

The President announces that the Principal Clerk has on file the following docu- 
ments relative to the appointment of Constance K. Wilson to fill the vacancy created 
by the resignation of Senator Laurence A. Cobb from Senatorial District 35: 



December 7, 1989 



8 SENATE JOURNAL [Extra Session 

North Carolina General Assembly 

Senate Chamber 

State Legislative Building 

Raleigh 27611 

August 14, 1989 

The Honorable James G. Martin 
Governor of North Carolina 
Raleigh, North Carolina 27603 

Dear Governor: 

I hereby resign from the North Carolina Senate effective immediately to assume the 
position on the North Carolina Utilities Commission to v^/hich you appointed me. 



Thank you for giving me this opportunity. 



Sincerely, 
S/Laurence A. Cobb 



STATE OF NORTH CAROLINA 

James G. Martin 

Governor 

THE APPOINTMENT OF CONSTANCE K. WILSON 

1989 

BY THE GOVERNOR OF THE STATE OF NORTH CAROLINA 

A PROCLAMATION 

WHEREAS, the Honorable Laurence Arthur Cobb, elected Senator from the 35th 
Senatorial District, 1989 General Assembly, has resigned his office; and 

WHEREAS, the provisions of General Statutes 163-11 require that the vacancy cre- 
ated by the resignation of the Honorable Laurence Arthur Cobb be filled by appoint- 
ment of the person recommended by the Executive Committee of the Mecklenberg 
County Republican Party; and 

WHEREAS, the Executive Committee of the Mecklenburg County Republican Party 
has notified me of its recommendation of Constance K. Wilson of Charlotte, North 
Carolina, to fill said vacancy, 

I do by these presents appoint 

Constance K. Wilson ' 

as a member of the 

SENATE ,, ., /^^,,,^ ; 

1989 General Assembly 

IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great 
Seal of the State at the Capitol in the City of Raleigh, this 1st day of September in the 
year of our Lord, one thousand nine hundred eighty-nine. 

S/James G. Martin 
Governor of North Carolina 

S/Rufus L. Edmisten 

Secretary of State (SEAL) 



December 7, 1989 



1989] ^ SENATE JOURNAL 9 

STATE OF 

NORTH ' Department of The 

CAROLINA Secretary of State 

THE 1989 NORTH CAROLINA SENATE 

I, RUFUS L. EDMISTEN^ Secretary of State of the State of North Carolina, agree- 
able with law, do hereby certify that LAURENCE ARTHUR COBB, a duly elected 
and certified member of the North Carolina Senate for the 35th Senatorial District has 
resigned his seat in the 1989 North Carolina General Assembly, and that CON- 
STANCE K. WILSON has been appointed by Governor James G. Martin, upon rec- 
ommendation of the County Executive Committee of the Mecklenburg County Repub- 
lican Party, to fill the vacancy. 

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official 
seal. 

DONE IN OFFICE at Raleigh, this 1st day of September 1989. 

S/Rufus L. Edmisten 
r , , Secretary of State 

(SEAL) 

OATH OF OFFICE OF CONSTANCE K. WILSON 

"I do solemnly swear that I will support and maintain the Constitution and Laws of 
the United States; and I do solemnly and sincerely swear that I will be faithful and 
bear true allegiance to the State of North Carolina, and to the constitutional powers 
and authorities which are or may be established for the government thereof; and that I 
will endeavor to support, maintain, and defend the Constitution and Laws of said 
State, not inconsistent with the Constitution of the United States to the best of my 
knowledge and ability; and I do solemnly and sincerely swear that I will faithfully 
discharge the duties of my office as a member of the Senate of the 1989 General As- 
sembly of the State of North Carolina to the best of my skill and ability, according to 
the law, so help me, God." 

S/Constance K. Wilson 
Sworn to and subscribed before me 
this 6th day of September 1989. 
S/H. Brent McKnight 
District Court Judge 
26th Judicial District 
Charlotte, NC 

The President directs the Sergeant-at-Arms to escort Senator Constance K. Wilson 
into the Chamber whereupon he extends congratulations and directs her to assume her 
seat with the full privileges and responsibilities of a Senator of the State of North Caro- 
lina. 

The President announces documents on file in the Office of the Principal Clerk re- 
flect assignment of Senator Wilson by the President Pro Tempore to Seat No. 44, with 
Seat No. 38 vacated by Senator Cobb being assigned to Senator Paul Smith of Rowan 
County. 

OFFICERS 

With no motion offered, the President announces the Officers elected under the pro- 
visions of the Constitution of North Carolina, the General Statutes, and the Rules of 
the 1989 Regular Session, shall serve as the Officers of this Extra Session. 



December 7, 1989 



10 SENATE JOURNAL [Extra Session 

Upon the resignation of Senator Cobb, the President announces the Republican 
Caucus has selected Senator Donald Kincaid of Caldwell to serve as Minority Leader. 
(See Appendix) 

ADOPTION OF RULES 

Senator Barnes offers a motion that the Senate adopt the Permanent Rules of the 
1989 Regular Session and the provisions of the Proclamation issued by the Governor 
on November 24, 1989, as the Permanent Rules governing this Extra Session of the 
1989 General Assembly with the provisions of Rules 40, 50, 59, and 59.1 not applica- 
ble to a bill to be entitled an act to approve entry by the Governor into an interstate 
agreement for the management of hazardous waste, as defined in G.S. 130A-290, as 
set out in the document entitled "Expansion of the SARA Capacity Assurance Re- 
gional Agreement" and attachments as filed with the Department of the Secretary of 
State on 5 December 1989 and to adjourn the 1989 Extra Session of the General As- 
sembly sine die, and to allow consideration immediately upon a report by the Commit- 
tee to which it is referred, which motion prevails. 

APPOINTMENT OF COMMITTEES 

Senator Barnes, the President Pro Tempore, after conferring with the Minority 
Leader, Senator Kincaid, announces that the Standing and Select Committees of the 
Senate heretofore appointed during the 1989 Regular Session are hereby appointed to 
serve during this Extra Session, with the following exceptions: 

Senator Paul Smith is appointed Vice-Chairman, of the Higher Education 
Committee. 

Senator Constance Wilson is appointed to the following Standing Committees of the 
Senate: 

Appropriations; Appropriations on Justice and Public Safety; Base 
Budget; Higher Education; Judiciary II; Public Utilities; Rules and Op- 
eration of the Senate; State Government; and Ways and Means. 

MESSAGE FROM THE GOVERNOR 

The President directs the Reading Clerk to read a message from the Governor of the 
State of North Carolina, as follows: 

"I have requested your return to Raleigh today in order to consider a matter which 
requires prompt legislative action. 

"For the past six months, representatives of North Carolina have negotiated in 
good faith with various other states, primarily seven southeastern states comprising 
EPA Region IV, in an effort to reach an interstate agreement for the management of 
hazardous waste on a regional basis. Initial efforts to reach an agreement including all 
states in EPA Region IV broke down when South Carolina, Alabama, Kentucky and 
Tennessee elected to enter into an agreement among themselves. That agreement 
however, left open the possibility of subsequent joinder by other states in EPA Region 
IV. Over the past month, I have had further negotiations with those four states result- 
ing in the agreement before you today providing for North Carolina to join with the 
states of Alabama, South Carolina, Tennessee and Kentucky for management of haz- 
ardous waste on a regional basis. 

"The agreement will share the burden of hazardous waste treatment and disposal on 
an equitable basis and relieve North Carolina of the necessity of providing comprehen- 
sive facilities for all forms of treatment and disposal within our own borders. 



December 7. 1989 



1989] '- SENATE JOURNAL 11 

"I find that the agreement meets this state's needs for hazardous waste treatment 
and disposal, is consistent with the legislative intent of Chapter 168 of the 1989 Ses- 
sion Laws, and puts North Carolina in compliance with CERCLA/SARA capacity 
assurance requirements as outlined in r^lbIic Law 99-499. As a consequence, North 
Carolina achieves assured access to hazardous waste management facilities located in 
the other party states and firmly establishes its eligibility to receive superfund payments 
in the amount of $23.4 million for which the state has already otherwise qualified, as 
well as future superfund allocations for clean up of other hazardous waste sites. 

"Therefore, on behalf of the State of North Carolina and consistent with law, I have 
entered into the interstate agreement with the states of Alabama, Kentucky, South 
Carolina and Tennessee. I commend the agreement to your careful consideration in 
this extra session and urge its approval in order that it may become effective without 
delay." 

(SEAL) S/James G. Martin 

The President orders a special message sent to the House of Representaiives inform- 
ing that Honorable Body that the Senate is organized and ready to proceed with the 
public business of this Extra Session of the 1989 General Assembly as stated in the 
Proclamation issued by the Governor. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

House of Representatives 
December 7, 1989 

Mr. President: 

It is ordered that a message be sent to the Senate informing that Honorable Body 
that the House of Representatives is organized and stands ready to proceed with the 
public business of the 1989 Extra Session. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 



EXECUTIVE ORDERS 

Executive Orders received following adjournment of the First Regular Session of the 
1989 General Assembly are presented to the Senate, (see Appendix) read and referred 
to committee, as follows: 

Executive Order Number 97, Amendment to Executive Order Number 80, 
North Carolina Drug Cabinet. 

Referred to State Government Committee. 

Executive Order Number 98, Hurricane Hugo Relief. 
Referred to Transportation Committee. 



INTRODUCTION OF BILL 

Pursuant to the motion of Senator Barnes upon the adoption of Rules, the following 
bill is presented to the Senate, read the first time, and disposed of as follows: 



December 7, 1989 



12 SENATE JOURNAL [Extra Session 

By Senators Tally, Allran, Barker, Bryan, Chalk, Daniel, Daughtry, Guy, Harris, 
Johnson of Cabarrus, Kaplan, Kincaid, Marvin, Murphy, Parnell, Raynor, Roy all, 
Shaw, Soles, and Ward: 

S.B. 1, a bill to approve entry by the Governor into an interstate agreement for the 
management of hazardous waste, as defined in G.S. 130A-290, as set out in the 
document entitled "Expansion of the SARA Capacity Assurance Regional Agreement" 
and attachments as filed with the Department of the Secretary of State on 5 December 
1989 and to adjourn the 1989 Extra Session of the General Assembly sine die. 

Referred to Environment and Natural Resources Committee. 

Senator Tally, Chairman of the Environment and Natural Resources Com- 
mittee, announces a meeting immediately upon recess in Room 1124, 

Without objection, on motion of Senator Barnes, the Senate stands in recess until 
2:00 P.M. for the purpose of a meeting of the Environment and Natural Re- 
sources Committee. 



RECESS ^ 

The Senate meets pursuant to recess and is called to order by the Honorable James 
C. Gardner, Lieutenant Governor. 

The President announces the receipt of House Concurrent Resolution 18 as passed 
by the Legislature of the State of Texas. (The text of the resolution appears in the 
Appendix.) 



REPORTS OF COMMITTEES 

The following bill is reported from standing committee, read by its title, together 
with the report accompanying it, and is disposed of, as follows: 

By Senator Tally for the Environment and Natural Resources Committee: 

S.B. 1, a bill to be entitled an act to approve entry by the Governor into an inter- 
state agreement for the management of hazardous waste, as defined in G.S. 
130A-290, as set out in the document entitled "Expansion of the SARA Capacity 
Assurance Regional Agreement" and attachments as filed with the Department of the 
Secretary of State on 5 December 1989 and to adjourn the 1989 Extra Session of the 
General Assembly sine die, with a favorable report. 

On motion of Senator Tally, the bill is placed before the Senate for immediate con- 
sideration. Senator Tally further offers a motion that George Givens, of the General 
Research Division of the General Assembly, be granted privileges of the floor for the 
purpose of assisting in the explanation of the bill, which motion prevails. 

Senator Conder offers Amendment No. 1, which reads as follows: 

"moves to amend the bill on page 2, between lines 8 and 9, by adding a 
new section to read: 

"Sec. 2.1. Notwithstanding the provisions of Chapter 104G of the Gen- 
eral Statutes, a low-level radioactive waste disposal facility shall be sited on 
property that is owned or leased by a person operating a nuclear reactor for the 
production of electricity and that is contiguous to property on which the nu- 
clear reactor is located, or on property adjacent to such property, provided 
that such site meets all applicable federal and State requirements for the issu- 
ance of all necessary licenses and permits for the facility." 
Senator Johnson of Cabarrus rises to a point of order as to Amendment No. 1 being 
germane to the bill. 



December 7, 1989 



1989] ' • SENATE JOURNAL 1 3 

The President takes the point of order under advisement and recognizes Senator 
Conder to explain the amendment. 

Subsequently, the President rules Amendment No. 1 not germane, sets it aside, and 
the question reverts to the passage of the bill on second reading. 
Senator Plyler offers Amendment No. 2, which reads as follows: 
"moves to amend the bill on page 2, line between lines 8 and 9, by adding a new 
section to read as follows: 

"Sec. 2.1. No hazardous waste facility may be sited in a county which 
contains a site that: 

(1) Has been selected by the North Carolina Low-Level Radioactive 
'■'- ' Waste Management Authority as a favorable site area for the location 

of a low-level radioactive waste disposal facility; and 

(2) Is thereafter eliminated from further consideration as the site for a 
low-level radioactive waste disposal facility." 

Senator Johnson of Cabarrus rises to a point of order as to Amendment No. 2 being 
germane to the bill. 

The President rules Amendment No, 2 not germane to the bill, sets it aside, and the 
question reverts to the passage of the bill on its second reading. 

After lengthy debate, Senator Tally calls the previous question, seconded by Senator 
Johnson of Wake. The call is sustained (37-7). 

The bill passes its second (37-7) and third (38-7) readings and is ordered, sent to 
the House of Representatives by special messenger. 

On motion of Senator Barnes, the Senate stands in recess until 5:00 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable James 
C. Gardner, Lieutenant Governor. 

Senator Tally offers a motion to the end that the document filed with the Secretary 
of State entitled "Expansion of the SARA Capacity Assurance Regional Agreement" 
be spread upon the Journal, which motion prevails, without objection. The document 
reads as follows: 

STATE OF 

NORTH Department of The 

CAROLINA Secretary of State 

To all whom these presents shall come, Greeting: 

I, Rufus L. Edmisten, Secretary of State of the State of North Carolina, do 
hereby certify the following and hereto attached (24 sheets) to be a true copy of 
"Expansion of the SARA Capacity Assurance Regional Agreement" and attachments 
filed December 5, 1989, the original of which is now on file and a matter of record in 
this office. 

In Witness Whereof, / have hereunto set my hand and affixed my official seal. 

Done in Office, at Raleigh, this 8th day of December in the year of our Lord 
1989. 

(SEAL) S/Rufus L. Edmisten 

Secretary of State 

S/Richard H. Carlton 
/ . Deputy Secretary of State 

EXPANSION OF THE SARA CAPACITY ASSURANCE REGIONAL 

AGREEMENT 

Pursuant to Section 6. of the SARA Capacity Assurance Regional Agreement, the 
State of North Carolina, having proposed a plan for siting and construction of future 



December 7, 1989 



14 SENATE JOURNAL [Extra Session 

available capacity for use under that agreement as set out in the attached tables, is 
hereby made a party state to the agreement and is entitled to all the rights and privi- 
leges granted under that agreement to the original party states. If at any time North 
Carolina is unable to meet the milestone dates set forth in the attached tables, North 
Carolina will be eliminated automatically from the agreement. 

It is agreed that North Carolina accepts and will abide by all provisions, conditions 
and terms of the original agreement. It is further agreed that the attached tables set- 
ting forth North Carolina's proposed capacity for use under the agreement are incor- 
porated by reference into the agreement pursuant to Section 1. of the agreement. 

It is further provided that the North Carolina Superfund clean up will be treated on 
site or at other facilities within North Carolina. Failure to meet this requirement 
would also eliminate North Carolina from this agreement. 

This agreement shall become effective upon revaluation of capacity through the year 
2009 as a result of North Carolina's joining the agreement and at the time duplicate 
originals are signed by the Governor or Authorized Official of every party state includ- 
ing the State of North Carolina. 

STATE OF ALABAMA STATE OF KENTUCKY 

S/Guy Hunt S /Wallace G. Wilkinson 

Governor Date 11-8-89 Governor Date 11-9-89 

STATE OF NORTH CAROLINA STATE OF SOUTH CAROLINA 

S/James G. Martin S/Carroll A. Campbell, Jr. 

Governor Date 11-8-89 Governor Date 11-21-89 

(STAMP) .■•: 

STATE OF TENNESSEE FILED 

S/Ned McWherter Dec 5 1989 

Governor Date 11-22-89 Secretary of State 

ATTACHMENT 

North Carolina proposes to establish the following hazardous waste treatment facili- 
ties: 

A. A 50,000 tons per year rotary kiln incinerator and thermal treatment unit which 
is capable of combusting liquid and solid hazardous waste and treating ("roasting") 
contaminated soils. 

B. A 15,000 tons per year solvent distillation and recovery unit which is capable of 
treating and recycling hazardous solvents. 

C. A 10,000 tons per year residuals management unit which is capable of disposing 
of incinerator ash and solvent distillation still bottoms remaining from the rotary kiln 
incinerator and the solvent distillation and recovery facility. 

North Carolina will site and construct these facilities according to the following sched- 
ule ; 

Site Selection May 1990 

Part B Permit Submitted December 1990 

Part B Permit Issued and Construction 
Begun With No Adverse Litigation 

Pending July 1991 

Facility Operational December 1991 

In addition. North Carolina agrees to endorse on-site remediation of remaining Super- 
fund cleanup sites. 



December 7, 1989 



1989] • ' SENATE JOURNAL 15 

SARA CAPACITY ASSURANCE REGIONAL AGREEMENT 

This Agreement is entered into initially, by and between the States of Alabama, 
South Carolina, Tennessee, and Kentucky (hereinafter referred to as the Party 
States). Other states eligible to become Party States are; Georgia, Florida, Missis- 
sippi, and North Carolina (hereinafter referred to as the eligible states). 

Witness That: 

Whereas, it is a requirement under Section 104(c)(9) of the Comprehensive Envi- 
ronmental Response, Compensation and Liability Act of 1980, Pub. L. No. 96-510, 
94 Stat. 2767, 42 U.S.C. 9601 et. seq., as amended, and the Superfund Amendments 
and Reauthorization Act of 1986, Pub. L. No. 99-499, 100 Stat. 1613, as amended, 
(hereinafter referred to as CERCLA) , as a condition of receiving non-emergency fed- 
eral remedial action funding after October 17, 1989, that each State assure that it has 
adequate capacity to manage the hazardous waste generated in the State and expected 
to be generated in the State for the next twenty (20) years; 

Whereas, it is the desire of the Party States that an eight state regional agreement be 
entered into in order to provide the framework for a regional approach for the long- 
term management of hazardous waste; 

Whereas, current projections for hazardous waste generated in each Party State 
demonstrate that no single Party State will likely be able to assure compliance with 
CERCLA Section 104(c)(9) without access to and availability of additional facilities; 

Whereas, it is of the utmost concern of all Party States that waste reduction be 
promoted, and when appropriate required, to minimize the need for hazardous waste 
treatment or disposal; 

Whereas, the Party States recognize that not all hazardous waste can be eliminated 
and in those cases the waste must be properly treated or disposed; 

Whereas, land disposal is the least preferred method of managing hazardous wastes 
and in order to reduce potential risk to human health and the environment, reliance on 
land disposal should be minimized or eliminated; 

Whereas each Party State acknowledges that the presence of land disposal units in 
certain Party States has resulted in a disproportionately large volume of hazardous 
wastes being shipped to those states; 

Whereas, the siting of a hazardous waste management facility within any Party 
State impacts the other Party States and is of regional concern for the continued proper 
management of hazardous wastes generated within the Southeastern Region; 

Whereas, public health, environmental well-being, and continued economic growth 
in the Party States are predicated upon the availability of proper and adequate hazard- 
ous waste management facilities; 

Whereas, it is of utmost concern to the Party States that proper facilities for the 
management of hazardous wastes be provided while recognizing the individual needs, 
concerns and constraints of each Party State; 

Whereas, each Party State acknowledges that currently its generators rely on facili- 
ties located inside and outside of its boundaries; 

Whereas, the Party States recognize that hazardous waste is primarily managed by 
private companies which are regulated by the Party States; and 



December 7, 1989 



16 SENATE JOURNAL [Extra Session 

Whereas, the Party States recognize that the proper management of hazardous 
wastes will require concerted action by all of the Party States. 

Now, therefore, each Party State signing this Agreement agrees to the following 
terms and conditions: 

1. Capacity 

Each Party State agrees to provide current or proposed capacity as set forth in its 
respective capacity assurance plan. These commitments are summarized in the 
tables of existing capacity, proposed capacity, and timetable for establishing 
proposed capacity attached hereto and incorporated herein by reference. 

2. Access 

Each Party State agrees to allow hazardous waste generators located within the 
borders of any other Party State to utilize hazardous waste management facilities 
located within its borders. 

3. Waste Minimization 

Each Party State agrees to implement its program to encourage source reduction 
and recycling of hazardous wastes generated within its borders. 

4. Termination for Cause 

If, through any cause, a Party State fails to meet its obligations under this 
Agreement, as set forth in the attached tables, it will be terminated from this 
agreement. However, that State may be allowed to re-enter the Agreement 
based on a renegotiation with the rem.aining Party States. 



Consistent with EPA's requirement that each state update its capacity assurance 
plan every two years, these plans may be renegotiated at any time after the initial 
CERCLA 104(c)(9) capacity assurance certification deadline (October 17, 
1989). 

6. Asr??m?nt E;?^pangiQn 

Eligible states may be added to this Regional Agreement upon approval by exist- 
ing Party States, provided that a satisfactory showing of new available capacity is 
demonstrated. 

7. Meetings 

The Party States shall meet at least annually to discuss their progress toward 
meeting the goals and projections contained in their individual capacity assur- 
ance plans and specifically any activities or events which might impact their abil- 
ity to provide the current or proposed capacity set forth in Paragraph 1 . 

8. Residuals Management 

Consistent with federal and state laws, the Party States agree to establish a Plan- 
ning Committee to address the issue of residuals management. The recommen- 
dations of the Planning Committee will be forwarded to the Party States not later 
than one year after this agreement becomes effective. 



December 7, 1989 



1989] 



SENATE JOURNAL 



17 



9. Notification Address 

Any notification issued pursuant to this Agreement shall be sent by registered or 
certified mail to the Governor of the Party State and to the person designated by 
the Governor of the Party State as the appropriate environmental official. 

10. Amendments to this Agreement 

This agreement may be amended by agreement of the existing Party States. 

Nothing in this Agreement shall be construed to affect the rights and povi'ers of any 
party State to regulate any hazardous wastes or hazardous waste facility within its bor- 
ders or to affect the rights and powers of any Party State to tax or impose fees on 
hazardous waste managed at any hazardous waste facility within its borders, or to 
affect the rights and powers of any Party State to enter into a separate interstate agree- 
ment with any State or group of states other than the Party States so long as the capac- 
ity obligated under this Agreement is not further obligated. 

In Witness Whereof, the Party States have caused this Agreement to be executed for 
and on their behalf by their duly authorized officials. 

This agreement shall become effective at the time duplicate originals are signed by 
the Governor or authorized official of every Party State. 

State of Alabama 

S/Guy Hunt 10-17-89 

Governor 



State of South Carolina 
S/ Carroll A. Campbell, Jr. 
Governor 

State of Tennessee 
S/Ned McWherter 
Governor 

State of Kentucky 
S/Wallace G. Wilkinson 
Governor 



10-17-89 



10-17-89 



10-17-89 



TABLES ATTACHED 



Alabama 
Alabama 
Alabama 

Kentucky 
Kentucky 
Kentucky 
Kentucky 

South Carolina 
South Carolina 
South Carolina 

Tennessee 

Tennessee 
Tennessee 
Tennessee 
Tennesssee 



Table III-5B 
Table III-5B 
Table III-5B 

Table III-5B 
Table III-5B 
Table III-5B 

Table III-5B 
Table III-5B 
Table III-5B 

Table III- 15 

Table III-30 
Table III-44 
Table V-1 
Table V-2 



1989 Management Demand 
1995 Management Demand 
2009 Management Demand 

1989 Management Demand 
1995 Management Demand 
2009 Management Demand 
Current/Proposed Capacity 

1989 Management Demand 
1995 Management Demand 
2009 Management Demand 

1989 Off-site Facilities 
Projected Demand 

1995 Projected Utilized Capacity 

2009 Projected Utilized Capacity 

New Off-site Capacity 

Development of Capacity Schedule 



December 7, 1989 



18 



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1989] 



SENATE JOURNAL 



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28 SENATE JOURNAL [Extra Session 

SOURCE: Capacity Assurance Plan For the State of Tennessee/October 17, 1989 
1 10/16/89 

TABLE III-15. COMPARISON OF PROJECTED MAXIMUM 
HAZARDOUS WASTE ' MANAGEMENT CAPACITY WITH 
PROJECTED DEMAND FOR CAPACITY AT OFF-SITE 
COMMERCIAL FACILITIES IN 1989 

(tons/year)* 





1989 


1989 




SARA Management 


Maximum 


Management 


Remaining 


Category 


Capacity 


Demand* 


Capacity 


Metals Recovery 


334,625.0 


29,254.0 


305,371.0 


Solvents Recovery 


231,423.0 


7,817.8 


223,605.2 


Other Recovery 








Incineration-Liquids 




! 9,455.5 


-9,455.5 


Incineration-Solids/Sludges 




17,758.0** 


-17,758.0 


Energy Recovery 




8,441.0 


-8,441.0 


Aqueous Inorganic Treatment 


194,252.5 


16,323.3 


177,929.2 


Aqueous Organic Treatment 








Other Treatment 




; ;,. 




Sludge Treatment 








Stabilization 




42,945.0 


-42,945.0 


Land Treatment 








Landfill 




64,890.2 • 


-64,890.2 


Deepwell Injection 




'- 




Other Disposal 








* Recurrent and non-recurrent generation. 






* * Assumes 8 , 9 9 3 tons landf illed . 







SOURCE: Capacity Assurance Plan For the State of Tennessee/October 17, 1989 
1 10/16/89 

TABLE III-30. COMPARISON OF PROJECTED MAXIMUM 

HAZARDOUS WASTE MANAGEMENT CAPACITY AND 

PROJECTED UTILIZED CAPACITY FOR OFF-SITE 

COMMERCIAL FACILITIES IN TENNESSEE IN 1995 

(tons/year) 

1995 1995 
SARA Management Maximum Management Remaining 
Category Capacity Demand* Capacity 

Metals Recovery 

Solvents Recovery 

Other Recovery 

Incineration-Liquids 

Incineration-Solids/Sludges 

Energy Recovery 

Aqueous Inorganic Treatment 

Aqueous Organic Treatment 

Other Treatment 

Sludge Treatment 

Stabilization 

Land Treatment 

Landfill 62,664.8 -62,664.8 

Deepwell Injection 

Other Disposal ^ 

* Recurrent and non-recurrent generation. 

** May also be managed by energy recovery. 



December 7, 1989 



334,625.0 


31,914.8 


302,710.2 


906,452.5 


9,218.9 


897,233.6 




80.3** 


-80.3 


31,115.0 


10,421.3 


20,693.7 


46,673.0 


28,628.4 


18,044.6 


240,192.0 


9,966.0 


230,226.0 


506,655.0 


21,126.5 


485,528.5 


75,060.0 




75,060.0 


12,000.0 




12,000.0 




50,483.6 


-50,483.6 



334,625.0 


44,674.2 


289,950.8 


906,452.5 


9807.5 


896,645.0 




127.3** 


-127.3 


31,115.0 


12,105.8 


19,009.2 


46,673.0 


18,095.2 


28,577.8 


240,192.0 


13,527.1 


226,664.9 


506,655.0 


36,441.9 


470,213.1 


75,060.0 




75,060.0 


12,000.0 




12,000.0 




62,837.7 


-62,837.7 




70,901.5 


-70,901.5 



1989] SENATE JOURNAL 29 

SOURCE: Capacity Assurance Plan For the State of Tennessee/October 17, 1989 
1 10/16/89 

TABLE III-44. COMPARISON OF PROJECTED MAXIMUM 
HAZARDOUS WASTE MANAGEMENT CAPACITY WITH 
PROJECTED UTILIZED CAPACITY FOR OFF-SITE 

COMMERCIAL FACILITIES IN TENNESSEE, IN 2009 

(tons/year) 

2009 2009 

SARA Management Maximum Management Remaining 

Category Capacity Demand* Capacity 

Metals Recovery 

Solvents Recovery 

Other Recovery 

Incineration-Liquids 

Incineration-Solids/Sludges 

Energy Recovery 

Aqueous Inorganic Treatment 

Aqueous Organic Treatment 

Other Treatment 

Sludge Treatment 

Stabilization 

Land Treatment 

Landfill 

Deepwell Injection 

Other Disposal 

* Recurrent and non-recurrent generation. 

** May also be managed by energy recovery. 



SOURCE: Capacity Assurance Plan for the State of Tennessee/October 17, 1989 

TABLE V-1 

PROPOSED NEW OFF-SITE COMMERCIAL HAZARDOUS 
WASTE MANAGEMENT CAPACITY FOR TENNESSEE, TO BE 
INCORPORATED INTO A REGIONAL CAPACITY ASSURANCE 
PLAN* 

1. OSCO (Nashville) by November 1990: 

125,000 tons per year, aqueous inorganic treatment 

72,000 tons per year, aqueous organic treatment 

12,000 tons per year, sludge treatment 

5,212 tons per year, solvents recovery 

2. SCA/Chemical Waste Management (Memphis) by March, 1993 

260,625 tons per year, aqueous inorganic treatment 
31,115 tons per year, liquids incineration 
46,673 tons per year, solids incineration 

* The regional plan will be adopted by all party states which 

enter into a Regional Interstate Agreement. 



December 7, 1989 



30 



SENATE JOURNAL 



[Extra Session 



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1989] SENATE JOURNAL 31 

INTRODUCTION OF BILLS 

Senator Barnes moves that Rule 40 be suspended to allow ihe introduction and refer- 
ral to the Committee on Rules and Operation of the Senate the following 
bills, which motion prevails by a two-thirds majority vote: 

By Senators Sands and Murphy: 

S»B. 2, a bill to amend the Constitution of North Carolina to require the General 
Assembly to enact a comprehensive budget by a specified date. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Plyler, Basnight, Conder, Martin of Pitt, Parnell, Richardson, and 
Smith: 

S.B. 3, a bill to specifically prohibit price gouging during abnormal disruptions of 
the market for necessary goods and services. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Plyler, Conder, and Smith: 

S.B. 4, a bill to place a moratorium on siting of a low-level radioactive waste dis- 
posal facility. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Conder, Cochrane, Plyler, and Smith: 

S.B. 5, a bill concerning siting of a low-level radioactive waste disposal facility. 

Referred to Rules and Operation of the Senate Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

House of Representatives 
December 7, 1989 

Mr. President: 

It is ordered that a message be sent to the Senate respectfully advising that Honor- 
able Body that the House of Representatives has concluded the public business of the 
1989 Extra Session and stands ready to adjourn sine die pursuant to S.B. #1 "A BILL 
TO BE ENTITLED AN ACT TO APPROVE ENTRY BY THE GOVERNOR INTO 
AN INTERSTATE AGREEMENT FOR THE MANAGEMENT OF HAZARDOUS 
WASTE, AS DEFINED IN G.S. 130A-290, AS SET OUT IN THE DOCUMENT 
ENTITLED "EXPANSION OF THE SARA CAPACITY ASSURANCE REGIONAL 
AGREEMENT" AND ATTACHMENTS AS FILED WITH THE DEPARTMENT 
OF THE SECRETARY OF STATE ON 5 DECEMBER 1989 AND TO ADJOURN 
THE 1989 EXTRA SESSION OF THE GENERAL ASSEMBLY SINE DIE. 

Respectfully, 

S /Grace A. Collins 

Principal Clerk 



ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the office of the Secretary of State: 

S.B. 1, an act to approve entry by the Governor into an interstate agreement for the 
management of hazardous waste, as defined in G.S. 130A-290, as set out in the 



December 7, 1989 



32 SENATE JOURNAL [Extra Session 

document entitled "Expansion of the SARA Capacity Assurance Regional Agreement" 
and attachments as filed with the Department of the Secretary of State on 5 December 
1989 and to adjourn the 1989 Extra Session of the General Assembly sine die. (Ch. 1) 

Senator Harris offers a motion that the Senate adjourn today in memory of Sheriff 
Robert J. Pleasants, the late husband of Gerda Pleasants, Senate Sergeant-at-Arms, 
which motion prevails. 

The President orders a message sent to the House of Representatives informing that 
Honorable Body that the Senate has concluded the public business of the 1989 Extra 
Session as set forth in the Proclamation issued by the Governor, and has ratified S.B. 
1 providing for adjournment, sine die. 

Pursuant to the message that the House of Representatives has completed the busi- 
ness before it and has ratified S.B. 1, and the Senate having taken a like action, in 
compliance with Chapter 1 of the Extra Session, the President declares the Senate of 
the 1989 General Assembly, meeting in Extra Session, adjourned at 5:20 P.M., sine 
die. 

James C. Gardner 
' ' " President of the Senate 

Sylvia Morris Fink \ , , , , 

Principal Clerk of the Senate ,_, , - ' 



December 7, 1989 



APPENDIX 



1989] 

(See page 10) 



SENATE JOURNAL 



35 



North Carolina General Assembly 

Senate Chamber 

State Legislative Building 

Raleigh 27611 



August 14, 1989 



Ms. Sylvia Fink 
Senate Principal Clerk 
Legislative Building 
Raleigh, NC 27611 

Dear Sylvia: 

I have resigned my seat in the Senate to take a position on the North Carolina Utilities 
Commission. The Senate Republican caucus has selected Senator Donald R. Kincaid 
to succeed me as Senate Minority Leader. 

It has been a genuine pleasure for me to serve with you over the years. 

Sincerely, 

S/ Laurence A. Cobb 



(See page 12) 



RESOLUTIONS FROM OTHER STATES 

The following resolution is received from another legislative body: 

Office of the 
SECRETARY OF STATE 

THE STATE OF TEXAS 

August 7, 1989 

The Honorable President of the North Carolina Senate 

State Capitol 

Raleigh, North Carolina 27601 

Dear Mr. President: 

Please find enclosed an official copy of House Concurrent Resolution 18, as passed by 
the 71st Legislature, First Called Session, 1989, of the State of Texas. 

This resolution is being sent with the request that you join with Texas to secure this 
amendment and to restore this nation's banners to their rightful status of treasured 
reverence. 

Very truly yours, 
S/George S. Bayoud, Jr.. 
Secretary of State 



36 SENATE JOURNAL [Extra Session 

THE STATE OF TEXAS 
Secretary of State 

I, GEORGE S. BAYOUD, JR., Secretary of State of the State of Texas, DO 
HEREBY CERTIFY that the attached is a TRUE AND CORRECT copy of House 
Concurrent Resolution 18, passed by the 71st Legislature, First Called Session, 1989, 
as signed by the Governor on July 18, 1989, and as filed in this office on July 18, 
1989. 

IN TESTIMONY WHEREOF, I have hereunto 
signed my name officially and caused to be im- 
pressed hereon the Seal of State at my office in 
(SEAL) the City of Austin, this 27th day of July, 1989. 

S/George S. Bayoud, Jr. 
Secretary of State 



HOUSE CONCURRENT RESOLUTION 

WHEREAS, The United States flag belongs to all Americans and ought not be 
desecrated by any one individual, even under principles of free expression, any more 
than we would allow desecration of the Declaration of Independence, Statute of Lib- 
erty, Lincoln Memorial, Yellowstone National Park, or any other common inheritance 
that the people of this land hold dear; and 

WHEREAS, The United States Supreme Court, in contravention of this postulate, 
has by a narrow decision held to be a First Amendment freedom the license to destroy 
in protest this cherished symbol of our national heritage; and 

WHEREAS, Whatever legal arguments may be offered to support this contention, 
the incineration or other mutilation of the flag of the United States of America is re- 
pugnant to all those who have saluted it, paraded beneath it on the Fourth of July, 
been saluted by its half-mast configuration, or raised it inspirationally in remote cor- 
ners of the globe where they have defended the ideals of which it is representative; and 

WHEREAS, The members of the Legislature of the State of Texas, while respectful 
of dissenting political views, themselves dissent forcefully from the court decision, 
echoing the beliefs of all patriotic Americans that this flag is OUR flag, and not a 
private property subject to a private prerogative to maim or despoil in the passion of 
individual protest; and 

WHEREAS, As stated by Chief Justice William Rehnquist, writing for three of the 
four justices who comprised the minority in the case, "Surely one of the high purposes 
of a democratic society is to legislate against conduct that is regarded as evil and pro- 
foundly offensive to the majority of people — whether it be murder, embezzlement, pol- 
lution, or flag burning"; and 

WHEREAS, This legislature concurs with the court minority that the Stars and 
Stripes is deserving of a unique sanctity, free to wave in perpetuity over the spacious 
skies where our bald eagles fly, the fruited plain above which our mountain majesties 
soar, and the venerable heights to which our melting pot of peoples and their posterity 
aspire; now, therefore, be it 

RESOLVED, That the 71st Legislature of the State of Texas convened in First 
Called Session, hereby petition the Congress of the United States of America to 
propose to the states an amendment to the United States Constitution, protecting the 
American flag and 50 state flags from wilful desecration and exempting such desecra- 
tion from constitutional construction as a First Amendment right; and, be it further 

RESOLVED, That official copies of this resolution be prepared and forwarded by 
the Texas secretary of state to the speaker of the house of representatives and presi- 
dent of the senate of the United States Congress and to all members of the Texas 



1989] SENATE JOURNAL 37 

delegation to that congress, with the request that it be officially entered in the Congres- 
sional Record as a memorial to the Congress of the United States; and, be it further 

RESOLVED, That a copy of the resolution be prepared and forwarded also to Presi- 
dent George Bush, asking that he lend his support to the proposal and adoption of a 
flag-protection constitutional amendment; and, be it finally 

RESOLVED, That official copies likewise be sent to the presiding officers of the 
legislatures of the several states, inviting them to join with Texas to secure this amend- 
ment and to restore this nation's banners to their rightful status of treasured reverence. 

Johnson of Collin, Hilderbran, Robinson, Heflin, Finnell, Thomas, Soileau, 
Chisum, Wentworth, Ovard, Hunter of Taylor, Shine, Polumbo, Waterfield, Crad- 
dick, Harrison, Lewis of Tarrant, Hollowell, Swift, Kubiak, VanderVoort, Cuellar of 
Webb, Guerrero, Willis, Jackson, Culberson, Arnold, Yost, F. Hill of Dallas, Hag- 
gerty, A. Smith of Harris, Lewis of Orange, Patterson, Glossbrenner, Taylor, Shea, 
Repp, Brimer, Uher, Madia, McDonald, Campbell, Telford, Barton, Linebarger, 
Holzheauser, Lucio, Counts, Oakley, Luna of Bexar, Jones, Mc Williams, Hartland, 
Goolsby, Harris of Brazoria, Park. 

Lewis, Alexander, Arnold, Barton, Beauchamp, Berlanga, Blackwood, Blair, 
Brimer, Cain, Campbell, Carter, Cavazos, Chisum, Clemons, Colbert, Collazo, Con- 
ley, Connelly, Counts, Craddick, Crawford, Criss, Cuellar of Webb, Cuellar of Hi- 
dalgo, Culberson, Danburg, Delco, Denton, Dutton, Earley, Eckels, Edge, Edwards, 
Evans, Finnell, Eraser, Garcia, Gavin, Gibson, Glossbrenner, Goolsby, Granoff, 
Grusendorf, Guerrero, Haggerty, Hammond, Harris of Tarrant, Harris of Brazoria, 
Harrison, Hartland, Heflin, Hightower, Hilbert, Hilderbran, A. Hill of Dallas, F. 
Hill of Dallas, P. Hill of Dallas, Hinojosa, Hollowell, Holzheauser, Horn, Hudson of 
Smith, Hudson of Dallas, Hunter of Taylor, Hunter of Nueces, Hury, Jackson, 
Johnson of Nacogdoches, Johnson of Collin, Jones, Junell, Kubiak, Kuempel, Laney, 
Larry, Lewis of Orange, Linebarger, Lucio, Luna of Harris, Luna of Bexar, McCol- 
lough, McDonald, McKinney, Mc Williams, Madia, Marchant, Martinez, Melton, 
Morales, Moreno of Hidalgo, Moreno of El Paso, Mowery, Oakley, Ovard, Park, 
Parker, Patterson, Pennington, Perez, Perry, Pierce, Polumbo, Price, Rangel, Repp, 
Richardson, Robinson, Robnett, Rodriguez, Rudd, Russell, Saunders, Schlueter, 
Schoolcraft, Seidlits, Shea, Shelley, Shine, A. Smith of Harris, D. Smith of Harris, 
Smith of Brazos, Smith of Travis, Smithee, Soileau, Stiles, Swift, Tallas, Taylor, 
Telford, Thomas, Thompson of Tarrant, Thompson of Harris, Turner, Uher, 
Valigura, VanderVoort, Vowell, Wallace, Warner, Waterfield, Watkins, Wentworth, 
Williamson, Willis, Willy, Wilson, Wolens, Wright, Yost. 

S/W.P. Hobby S/Gib Lewis 

President of the Senate Speaker of the House 

I certify that H.C.R. No. 18 was adopted by the House on June 23, 1989, by a 
non-record vote. 

S/Betty Murray 

Chief Clerk of\the House 

I certify that H.C.R. No. 18 was adopted by the Senate on July 10, 1989. 

S/Betty King 
Secretary of the Senate 

APPROVED: 7-18-89 S/W. P. Clements, Jr. 

Governor 

Filed in the Office of the 
Secretary of State 
4:14 PM O'clock 
July 18, 1989 
s/George S. Bayoud, Jr. 
Secretary of State 



38 SENATE JOURNAL [Extra Session 

EXECUTIVE ORDERS 

of the 

GOVERNOR OF THE STATE 

OF NORTH CAROLINA 

JAMES G. MARTIN 

In compliance with G.S. 150A (Art. 5) and Chapter 479 (S.B.I [Sec. 152]) of the 
1985 Session Laws, the Office of the Governor of the State of North Carolina has filed 
with the Senate Principal Clerk a copy of all Executive Orders issued through Decem- 
ber 12, 1989, as summarized below. 

The full text of Executive Orders 97 and 98 can be found in the Session Laws of the 
1989 General Assembly, Second Session 1990. 

Executive Date of 

Order Title Issuance 

97 Amendment to Executive Order Number 80 9/26/89 
North Carolina Drug Cabinet 

Adds Secretary of Environment, Health and Natural Resources to the membership of 
the Cabinet. 

98 Hurricane Hugo Relief 11/3/89 
Waives weight restrictions on vehicles transporting trees and by-products coming out 
of South Carolina provided that: (1) the weight does not exceed maximum established 
by manufacturer; (2) the vehicles travel only on primary and interstate routes estab- 
lished by the Department of Transportation, and (3) that upon entering North Caro- 
lina vehicles stop at first available weight station and provide identification that the 
load is part of the Hurricane Hugo Relief. Furthermore, the vehicles described will be 
exempt from the vehicle licensing and tax requirements of N.C.G.S. 105, Chapter 5, 
Article 36B. Remains in effect until December 4, 1989. 



;jfV/^^-'v ■ u- 



INDEX 



40 SENATE JOURNAL [Extra Session 



SENATE NUMERICAL INDEX 

S 1 Hazardous Waste Regional Agreement Approval (Ch. 1) . . . . 12, 33, 34. 

S 2 Budget Enactment Deadline (Rules Com) 33. 

S 3 Price Gouging Ban (Rules Com) 33. 

S 4 Low-Level Facility Moratorium (Rules Com) 33. 

S 5 Siting Low-Level Facility (Rules Com) 33. 



RATIFIED BILL 



1 Ch. 1 33. 



1989] SENATE JOURNAL 41 



ALPHABETICAL INDEX 



ABSENCE, Leaves Granted 7. 

ADJOURNMENT 

In Memory of Sheriff Robert J. Pleasants 34. 

Sine Die 

S 1 (Ch. 1) 34. 

AGREEMENT— see also Hazardous Waste 

Certification of Regional Agreement 13. 

Spread Upon Journal 13. 

ALLRAN, Austin M.— Senator Alexander, Catawba, Iredell, 

Yadkin— 26th District 

Co-Sponsor- 

S 1 12. 

AMENDMENTS 

Number 1 12. 

Number 2 13. 

APPENDIX 10, 11, 12, 33. 

APPOINTMENT TO SENATE— Wilson, Constance K 7. 

Certificate 9. 

BARKER, William— Senator Carteret, Craven, 

Pamlico — 3rd District 
Co-Sponsor- 

S 1 12. 

BARNES, Henson P.— Senator Greene, Wayne— 8th District 

Appoints Committees 10. 

Motion for Recess 12, 13. 

BASNIGHT, Marc— Senator Beaufort (part), Bertie (part), Camden, 

Chowan, Currituck, Dare, Gates (part), 
Hyde, Pasquotank, Perquimans, Tyrrell, 
Washington— 1st District 
Co-Sponsor- 

S 3 33. 

BRYAN, Howard P.- Senator Alexander, Catawba, Iredell, 

Yadkin— 26th District 
Co-Sponsor- 

S 1 12. 

BUDGET 

Enactment Date Mandated by Constitution 

S 2 (Rules Com) 33. 

BUSINESS CONCLUDED 

Senate 34. 

House of Representatives 35. 

CHALK, Richard E.— Senator Guilford (part)— 32nd District 

Co-Sponsor- 

S 1 12. 

COBB, Laurence A.— Senator Mecklenburg (part)— 35th District 

Resignation 7, 35. 

COCHRANE, Betsy L.— Senator Davidson, Davie, Rowan— 23rd District 

Co-Sponsor- 

S 5 33. 



42 SENATE JOURNAL [Extra Session 

COMMITTEES 

Meeting Announced 12. 

Report 12. 

Standing/Select Appointed 10. 

CONDER, J. Richard— Senator Anson, Montgomery, Richmond, 

Scotland, Stanly, Union— 17th District 
Primary Sponsor- 

S 5 33. 

Co-Sponsor- 

S 3 33. 

S 4 33. 

CONSTITUTION, North Carolina 
Budget Enactment Date Requirement 

S 2 (Rules Com) 33. 

CONVENES 5. 

COURTESIES EXTENDED 

Staff (Givens) 12. 

DANIEL, George B.— Senator Alamance, Caswell— 21st District 

Co-Sponsor- 

S 1 12. 

DAUGHTRY, N. Leo— Senator Johnston, Sampson— 15th District 

Co-Sponsor- 

S 1 12. 

DISTRICTS 3. 

EXECUTIVE ORDERS 11, 39. 

GAR.DNER, James C, Lieutenant Governor— see President of the Senate 
GOVERNOR— see State Officers 

GUY, A. D.— Senator '• Onslow— 4th District 

Co-Sponsor- 

S 1 12. 

HARRIS, J. OUie— Senator Cleveland, Gaston, Lincoln, 

Rutherford— 25th District 

Adjournment Motion 34. 

Co-Sponsor- 

SI 12. 

Leads Pledge of Allegiance 5. 

HAZARDOUS WASTE [G.S. 130A; 130B] 

Interstate Agreement for Management of Hazardous Waste 

S 1 (Ch. 1) 12,33,34. 

Proposed N. C. Treatment Facilities 14. 

Regional Agreement Filed with Secretary of State 13. 

HOUSE OF REPRESENTATIVES 

Organized 11. 

Business Concluded 

Senate Notified 33. 

House Notified 34. 

Ratified S.B.I 34. 

INTERSTATE AGREEMENT— see Hazardous Waste 

JOHNSON, James C— Senator Cabarrus, 

Mecklenburg (part)— 22nd District 
Co-Sponsor- 

S 1 12. 



1989] SENATE JOURNAL 43 

KAPLAN, Ian Theodore (Ted)— Senator Forsyth (part)— 20th District 

Co-Sponsor- 

S 1 12. 

KINCAID, Donald— Senator Avery, Burke, Caldwell, Mitchell, 

Wilkes— 27th District 

Committee Appointments 10. 

Co-Sponsor- 

S 1 12. 

Minority Leader 10, 35. 

LOW-LEVEL RADIOACTIVE WASTE 

Disposal Facility Siting Moratorium 

S 4 (Rules Com) 33. 

Disposal Facility Siting Restriction 

S 5 (Rules Com) 33. 

MARTIN, James G., Governor— see State Officers 

MARTIN, Robert L.— Senator Edgecombe (part), Martin (part), 

Pitt (part), Wilson (part)— 6th District 
Co-Sponsor- 

S 3 33. 

MARTIN, William N.— Senator Guilford (part)— 31st District 

Absence, Leave of 7. 

MARVIN, Helen Rhyne— Senator Cleveland, Gaston, Lincoln, 

Rutherford— 25th District 
Co-Sponsor- 

S 1 12. 

MINORITY LEADER 

Kincaid, Senator Donald 10, 35. 

MURPHY, W^endell— Senator Duplin, Jones, Lenoir, 

Pender (part)— 5th District 
Co-Sponsor- 

S 1 12. 

S 2 33. 

ODOM, T. L. (Fountain)— Senator Mecklenburg (part)— 34th District 
Absence, Leave of 7 . 

OFFICERS 3, 9. 

Journal Signed 34. 

Sergeant-at-Arms 34. 

ORGANIZED 11. 

PARNELL, David— Senator Hoke, Robeson— 30th District 

Co-Sponsor- 

S 1 12. 

S3 33. 

PLEASANTS, Gerda 34. 

PLEDGE OF ALLEGIANCE 5. 

PLYLER, Aaron W. — Senator Anson, Montgomery, Richmond, 

Scotland, Stanly, Union— 17th District 
Primary Sponsor- 

S 3 33. 

S 4 33. 

Co-Sponsor- 

S 5 33. 

PRAYER 

Reverend Steve Lucas — Senate Chaplain 5. 



44 SENATE JOURNAL [Extra Session 

PRESIDENT OF THE SENATE— Lieutenant Governor James C. Gardner 

Declares Adjournment 34. 

Presides 5, 12, 13. 

Rulings 13. 

PRESIDING 

Lieutenant Governor 5, 12, 13. 

PRICE GOUGING/MARKET DISRUPTIONS 

S 3 (Rules Com) 33. 

PROCLAMATION BY THE GOVERNOR 

Appointing Senator Wilson 8. 

Convening General Assembly 5. 

PROPOSAL BY NORTH CAROLINA 14. 

QUORUM 7. 

RAYNOR, Joe B.— Senator Cumberland (part) — 12th District 

Co-Sponsor- 

5 1 12. 

RECESS 12, 13. 

RESIGNATION— Cobb, Laurence A 7, 35. 

RESOLUTION 

Texas, HCR 18 (American Flag) 12, 35. 

RICHARDSON, James F.— Senator Mecklenburg (part)— 33rd District 

Co-Sponsor- 

5 3 33. 

ROYALL, Kenneth C, Jr.— Senator Durham, Granville, Person, 

Orange (part) — 13th District 
Co-Sponsor- 

5 1 12. 

RULES ADOPTED 10. 

RULINGS 

Amendment No. 1 Not Germane 13. 

Amendment No. 2 Not Germane 13. 

SANDS III, A. P. (Sandy)— Senator Alleghany, Ashe, Rockingham, 

Stokes, Surry, Watauga— 24th District 
Primary Sponsor- 

5 2 33. 

SHAW, Robert G.— Senator Forsyth (part), Guilford (part) 

— 19th District 
Co-Sponsor- 

5 1 12. 

SITING CRITERIA, LOW-LEVEL WASTE FACILITY 

5 4 (Rules Com) 33. 

5 5 (Rules Com) 33. 

SIMPSON, Daniel R.— Senator Avery, Burke, Caldwell, 

Mitchell, Wilkes— 27th District 

Absence, Leave of 7. 

SMITH, Paul S.— Senator Davidson, Davie, Rowan— 23rd District 
Committee Assignments- 
Higher Education (Vice-Chairman) 10. 

Seat Re-assignment 9 . 

Co-Sponsor- 

S 3 33. 

5 4 33. 

5 5 33. 



1989] SENATE JOURNAL 45 

SOLES, R. C, Jr.— Senator Bladen, Brunswick, Columbus, 

Cumberland (part) — 18th District 
Co-Sponsor- 

S 1 12. 

STATE OFFICERS 
Governor 

Message to Senate 10. 

Proclamation 

Appointing Senator Wilson 8. 

Convening General Assembly 6. 

Lieutenant Governor— see President of the Senate 

STATES SIGNING AGREEMENT 14. 

SWAIN, Robert S.— Senator Buncombe, McDowell, 

Madison, Yancey— 28th District 
Absence, Leave of 7 . 

TALLY, Lura— Senator Cumberland (part) — 12th District 

Announces Committee Meeting 12. 

Primary Sponsor- 

SI 12. 

WARD, Marvin— Senator Forsyth (part)— 20th District 

Co-Sponsor- 

S 1 12. 

WASTE— see Hazardous Waste; Low-Level Radioactive Waste 
WINNER, Dennis J.— Senator Buncombe, McDowell, 

Madison, Yancey — 28th District 

Absence, Leave of 7. 

WILSON, Constance K.— Senator Mecklenburg (part)— 35th District 

Appointment to Fill Unexpired Term 8. 

Certification 9 . 

Committee Assignments 10. 

Appropriations — Appropriations on Justice and Public Safety — 
Base Budget — Higher Education — Judiciary II — Public Utilities — 
Rules and Operation of the Senate — State Government — Ways 
and Means 

Oath of Office 9. 

Seat Assignment 9 . 



i • i >♦' 



JOURNAL 

OF THE 

SENATE 

OF THE 

GENERAL ASSEMBLY 

OF THE 

STATE OF NORTH CAROLINA 



EXTRA SESSION 

MARCH - 1990 



^1. 



l^y^'r 






OFFICERS AND MEMBERS 
OF 

THE SENATE OF NORTH CAROLINA 

GENERAL ASSEMBLY 
EXTRA SESSION MARCH - 1990 

JAMES C. GARDNER, President Rocky Mount 

HENSON P. BARNES, President Pro Tempore Goldsboro 

KENNETH C. ROYALL, JR. , Deputy President Pro Tempore Durham 

SYLVIA M. FINK, Principal Clerk Raleigh 

LEROY CLARK, JR. . Reading Clerk Wendell 

GERDA B. PLEASANTS, Sergeant-at-Arms Cary 

DISTRICT NAME OF SENATOR CITY of RESIDENCE 

1 MARC BASNIGHT Manteo 

■ 2 FRANK W. BALLANCE, JR Warrenton 

3 WILLIAM H. BARKER Oriental 

4 A. D. GUY Jacksonville 

5 WENDELL HOLMES MURPHY Rose Hill 

o 6 R. L. MARTIN Bethel 

7 FRANKLIN BLOCK Wilmington 

8 HENSON P. BARNES Goldsboro 

9 THOMAS F. TAFT Greenville 

10 JAMES E. EZZELL. JR Rocky Mount 

11 JAMES D. SPEED Louisburg 

12 JOE B. RAYNOR FayelteviUe 

LURA S. TALLY Fayetteville 

13 KENNETH C. ROYALL, JR Durham 

RALPH A. HUNT Durham 

14 JOSEPH E. JOHNSON Raleigh 

WILLIAM W. STATON Sanford 

J. K. SHERRON, JR Raleigh 

15 N. LEO DAUGHTRY Smithfield 

16 RUSSELL G. WALKER Asheboro 

WANDA H. HUNT* Pinehurst 

HOWARD N. LEE Chapel Hill 

17 J. RICHARD CONDER Rockingham 

AARON W. PLYLER Monroe 

18 R. C. SOLES, JR Tabor City 

19 ROBERT G. SHAW Greensboro 

20 MARVIN M. WARD Winston-Salem 

TED KAPLAN Lewisville 

21 GEORGE B. DANIEL Yanceyville 

22 JAMES C. JOHNSON, JR Concord 

23 PAUL S. SMITH Salisbury 

BETSY L. COCHRANE Advance 

24 WILLIAM D. GOLDSTON, JR Eden 

A. P. SANDS III Reidsville 

25 J. OLLIE HARRIS Kings Mountain 

HELEN RHYNE MARVIN Gasionia 

MARSHALL A. RAUCH Gastonia 

26 AUSTIN M. ALLRAN Hickory 

HOWARD F. BRYAN Statesville 

27 DONALD R. KINCAID Lenoir 

DANIEL R. SIMPSON Morganton 

28 ROBERT S. SWAIN Asheville 

DENNIS J. WINNER Asheville 

29 ROBERT C. CARPENTER Franklin 

CHARLES WHEELER HARDIN Canton 

30 DAVID RUSSELL PARNELL Parkton 

31 WILLIAM N. MARTIN Greensboro 

32 RICHARD E. CHALK, JR High Point 

33 JAMES F. RICHARDSON Charlotte 

34 T.L. ODOM Charlotte 

35 CONSTANCE K. WILSON Charlotte 

♦(Resigned l/31/90)(Unexpired Term Filled 2/9/90) 



SENATE JOURNAL 

EXTRA SESSION 
MARCH-1990 



FIRST DAY 

Senate Chamber, 
Tuesday, March 6, 1990. 

In accordance with law, as set forth in the Constitution of the State of North Caro- 
lina and pursuant to the Proclamation issued by the Governor on February 28, 1990, 
the Senate of the North Carolina General Assembly convenes in Extra Session at the 
hour of 12:00 Noon in the Senate Chanjber of the State Legislative Building in the City 
of Raleigh. 

The Honorable James C. Gardner, Lieutenant Governor and President of the Sen- 
ate, presides and calls the Senate to order. 

Prayer is offered by the Reverend Steve Lucas, Senate Chaplain, as follows: 

"Father, we gather here today to address a complex and troubling problem in our 
State. 

"And so we come to You seeking wisdom, expertise and knowledge, knowing that 
the efforts put forth here today can and will make a difference. 

"Remind us Father, that crime many times is the result of poverty; not only material 
poverty, but poverty of the soul and the mind. As we wrestle with this problem, cause 
us to be aware not only of the results of crime but also the origins of crime within 
individuals and within our society. Motivate each of us to love our families, friends, 
businesses and communities enough to look for trouble signs early that spell out a 
sense of despair, a loss of hope. For where hope is not, therein lie the seeds of 
brokenness and selfishness. 

"We also ask for Your Presence to be with a member of this Body who is battling a 
serious illness. Be with him and comfort him. 

"Father, for safe travels and productive work for this Body, we give You thanks. 
We acknowledge You as the Provider of all things good and strong. 

"In Your name we pray. Amen." 

Led by the Lieutenant Governor, members and distinguished guests remain standing 
and pledge allegiance to the United States of America. 

The President lays before the Senate the Proclamation issued February 28, 1990, by 
Governor James G. Martin convening the General Assembly. The text of the Procla- 
mation is as follows: 



March 6, 1990 



James G. Martin 

Governor 



SENATE JOURNAL [Extra Session 

STATE OF NORTH CAROLINA 

PROCLAMATION 



The Department of Correction has faced and continues to face a crisis in the man- 
agement of the inmate population of the State's prisons as a result of prison over- 
crowding and lawsuits incident thereto. 

In 1987, the General Assembly responded to the crisis by, among other things, en- 
acting the Emergency Prison Population Stabilization Act. A salient feature of the Act 
was the imposition of an inmate population "cap" and a requirement that when the 
"cap" is violated it becomes mandatory that inmates be paroled in sufficient numbers 
to bring the prison population below that figure. 

Initially, the Act's "cap" provisions worked well. Each time the "cap" was violated 
the Parole Commission identified inmates it felt could be safely paroled and the inmate 
population was reduced below the maximum. But as prison admissions continued to 
increase and the pool of inmates found by the Parole Commission to be suitable for 
parole shrank, overcrowding again reached crisis proportions. In early 1989 and as a 
result of a special message to the General Assembly, the "cap trigger" was raised. 

Notwithstanding the best efforts of all concerned, prison admissions have continued 
to rise and the Department of Correction again is faced with there being more inmates 
admitted than the prison system can handle. Worse, not only is the inmate population 
"cap" being repeatedly exceeded, but to meet the requirements of the "cap" law the 
Parole Commission is having to parole inmates that it otherwise would not consider for 
parole. Circumstances again have reached the point that the inmate population "cap" 
must be raised or else inmates may be released from prison on parole who, in the 
opinion of the Parole Commission, should continue to be confined. The imminent 
availability of newly constructed prison facilities now makes it appropriate to raise this 
"cap." 

I have sought and received the advice of the Council of State that the circumstances 
facing the Department of Correction constitutes an extraordinary occasion within the 
meaning of Article III, Sec. 5(7) of the Constitution, that immediate action by the 
General Assembly is required and that the General Assembly should be convened into 
extra session to address the matter. I have also discussed the circumstances with the 
Lt. Governor, the President Pro Tempore of the Senate and the Speaker of the North 
Carolina House of Representatives. They are of the same view. 

ACCORDINGLY, pursuant to the authority granted to me by Article III, Sec. 5(7) 
of the Constitution of North Carolina, I find that the circumstances facing the Depart- 
ment of Correction constitute an extraordinary occasion within the meaning of Article 
III, Sec. 5(7) of the Constitution of North Carolina and PROCLAIM that the General 
Assembly is hereby convened in extra session for the purpose of considering legislation 
to raise the inmate population "cap" for the State's prison system and take such other 
action incident thereto as is deemed appropriate. 

This extra session shall begin March 6, 1990, at 12:00 noon, and shall continue as 
provided by law and the rules of each House until both Houses shall have adjourned 
sine die. 

Done in Raleigh, North Carolina, this 28th day of February, 1990. 

(SEAL) S/James G. Martin 

Governor 



March 6, 1990 



1990] SENATE JOURNAL 7 

The roll of the members of the Senate heretofore elected to the 1989 General As- 
sembly, having properly received and subscribed to the oath of office, is called and the 
following answer the call: 

Senators Allran, Ballance, Barker, Barnes, Basnight, Block, Bryan, Carpenter, 
Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goidston, Guy, Hardin, Harris, 
Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin 
of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, 
Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, 
Taft, Tally, Walker, Ward, Wilson, and Winner— 48. 

The President announces a quorum present. 

Without objection, the President grants a leave of absence to Senator Swain who is 
preparing for the wedding of his daughter. 

RESIGNATION AND APPOINTMENT 

The President announces that on file in the office of the Principal Clerk are docu- 
ments relative to the resignation of Senator Wanda H. Hunt from Senatorial District 
16, and to the appointment of Howard N. Lee to fill the vacancy created, as follows: 

NORTH CAROLINA GENERAL ASSEMBLY 

Senate Chamber 

State Legislative Building 

Raleigh 27611 

January 18, 1990 

Mrs. Sylvia Fink, Principal Clerk 
North Carolina Senate Chamber 
Legislative Building 
Raleigh, North Carolina 27611 

Dear Sylvia: 

It is with great reluctance I announce that I will not be a candidate for re-election to a 
fifth term in the North Carolina Senate from the 16th Senatorial District. This is to 
inform you of my resignation effective January 31, 1990, and I will thank you to in- 
form members of the North Carolina Senate. By copy of this letter, I am informing 
The Honorable James C. Gardner, Lt. Governor. 

My resignation is necessary so that I may pursue my professional career interest at this 
time. I have accepted a position with the Child Support Program in the North Caro- 
lina Department of Human Resources. With resignation there would not be 
"thoughts" of any conflict of interest, accusations, or infringements. 

My service as a North Carolina Senator has been both dedicated and enjoyable and I 
assure you that I have always exerted every effort to serve the people of this state in an 
honorable manner. I have met and served with some of the most wonderful people in 
North Carolina and have the greatest respect for their dedication, ability, and most of 
all their willingness to serve the people. I will carry with me the experience of the past 
seven years and sincerely wish continued success to one and all, especially those dear 
people who became friends instead of acquaintances. I wish for those who are now 
serving, and for those who will serve in the future, every success in their efforts to 
serve the people of their districts in the great State of North Carolina. 

Yours in service and great respect. 

Sincerely, 

S/Wanda H. Hunt 



March 6, 1990 



8 SENATE JOURNAL [Extra Session 

STATE OF NORTH CAROLINA 

THE APPOINTMENT OF HOWARD N. LEE 

1990 

BY THE GOVERNOR OF THE STATE OF NORTH CAROLINA 

A PROCLAMATION 

WHEREAS, the Honorable Wanda H. Hunt, elected Senator from the 16th Senato- 
rial District, 1989 General Assembly, has resigned her office; and 

WHEREAS, the provisions of General Statutes 163-11 require that the vacancy cre- 
ated by the resignation of the Honorable Wanda H. Hunt be filled by appointment of 
the person recommended by the 16th Senatorial District Executive Committee of the 
Democratic Party; and 

WHEREAS, the 16th Senatorial District Executive Committee of the Democratic 
Party has notified me of its recommendation of Howard N. Lee of Chapel Hill, North 
Carolina, to fill said vacancy, 

I do by these presents appoint 

Howard N. Lee 

as a member of the 

SENATE 

1989 General Assembly 

IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great 
Seal of the State at the Capitol in the City of Raleigh, this 9th day of February in the 
year of our Lord, one thousand nine hundred ninety. 

S/James G. Martin 
Governor of North Carolina 

S/Rufus L. Edmisten < v 

Secretary of State (SEAL) 

The President directs Senators Rauch, Walker, and Hunt of Durham to escort Sena- 
tor Howard N. Lee into the Chamber, whereupon he extends congratulations. The 
President announces Senator Lee will take and subscribe to his Oath of Office later 
today during a previously scheduled ceremony at which time Senator Lee will assume 
full privileges and responsibilities of a Senator of the General Assembly of the State of 
North Carolina. The President announces documents on file in the Office of the Prin- 
cipal Clerk reflect assignment of Senator Lee by the President Pro Tempore to Seat 
No. 16, and directs him to assume his seat, without privileges. 



OFFICERS 

With no motion offered, the President announces the Officers elected under the pro- 
visions of the Constitution of North Carolina, the General Statutes, and the Rules of 
the 1989 Regular Session, shall serve as the Officers of this Extra Session. 



ADOPTION OF RULES 

Senator Winner offers a motion that the Senate adopt the Permanent Rules of the 
1989 Regular Session as the Permanent Rules governing this Extra Session of the 1989 



March 6, 1990 



1990] SENATE JOURNAL 9 

General Assembly with the provisions of Rules 40, 50, 59, and 59.1 not applicable to 
a bill to be entitled an act to amend the Prison Population Stabilization Act to raise the 
population cap and to adjourn the 1990 Extra Session of the General Assembly sine 
die, which motion prevails. 

APPOINTMENT OF STANDING COMMITTEES 

Senator Barnes, President Pro Tempore, after conferring with the Minority Leader, 
Senator Kincaid. appoints to the Standing Committees of this Extra Session all ap- 
pointments made to the 1989 Regular Session and the Extra Session of December, 
1989, with the following changes: 

Senator Howard N. Lee is appointed to the following Standing Committees, effec- 
tive upon his subscription to his Oath of Office: 

Appropriations; Appropriations on Natural and Economic Resources; 
Base Budget; Education; Environment and Natural Resources; Finance; 
Judiciary III; Local Government and Regional Affairs; State Personnel; 
Veteran Affairs, Law Enforcement, and Senior Citizens; and Ways and 
Means. 

Senator T. L. "Fountain" Odom is appointed Chairman of the State Personnel 
Committee. 

Senator James C. Johnson, Jr. is appointed Vice-Chairman and Senator Robert C. 
Carpenter is appointed Ranking Minority Member of the Veteran Affairs, Law 
Enforcement, and Senior Citizens Committee. 

Senator Howard F. Bryan is appointed Ranking Minority Member of the Appro- 
priations on Justice and Public Safety Committee. 

Senator N. Leo Daughtry is appointed Ranking Minority Member of the Judiciary 
II Committee. 

Senator Donald R. Kincaid is appointed Ranking Minority Member of the Rules 
and Operation of the Senate Committee. 

Senator Charles W. Hardin is appointed Ranking Minority Member of the Appro- 
priations on General Government Committee. 

Senator Daniel R. Simpson is appointed Ranking Minority Member of the Judici- 
ary I Committee. 

The President orders a special message sent to the House of Representatives inform- 
ing that Honorable Body that the Senate is organized and ready to proceed with the 
public business of this Extra Session of the 1989 General Assembly as stated in the 
Proclamation issued by the Governor. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

House of Representatives 
March 6, 1990 

Mr. President: 

It is ordered that a message be sent to the Senate informing that Honorable Body 
that the House of Representatives is organized and stands ready to proceed with the 
public business of the 1990 Extra Session. 

Respectfully, 

^' ."':, "■■■' ^'\ "..; ■^ ■■^::' •■''"';':'■'■ S/Grace A. Collins 

*' > -' ^^' v; Principal Clerk 



March 6, 1990 



10 SENATE JOURNAL [Extra Session 

INTRODUCTION OF BILL 

The following bill is presented to the Senate, read the first time, and disposed of as 
follows: 

By Senators Parnell, Kincaid, and Roy all: 

S.B. 1, a bill to amend the Prison Population Stabilization Act to raise the popula- 
tion cap and to adjourn the 1990 Extra Session of the General Assembly sine die. 
Referred to Rules and Operation of the Senate Committee, (see Appendix) 

EXECUTIVE ORDERS 

Executive Orders received following adjournment of the Extra Session, December 7, 
1989 of the 1989 General Assembly (see Appendix) are presented to the Senate, read 
and referred to committee, as follows: 

Executive Order Number 99, Governor's Commission on Reduction of Infant 
Mortality. 

Referred to Human Resources Committee. ,? 

Executive Order Number 100, Extension of Executive Order Number 98, Hur- 
ricane Hugo Relief. 

Referred to State Government Committee. t - >;,!;;; 

Executive Order Number 101, Amending Executive Order Number 55 extend- 
ing expiration date of Executive Order Number 55, Martin Luther King Holiday Com- 
mission. 

Referred to State Government Committee. 

Executive Order Number 102, Amendment to Executive Order Number 88 Co- 
lumbus Voyages Quincentenary Commission. 

Referred to State Government Committee. - < , .; 

Executive Order Number 103, Extension of Executive Order Number 100, 
Hurricane Hugo Relief. 

Referred to Transportation Committee. 

Executive Order Number 104, Amending Executive Order Number 90, Gover- 
nors Advisory Council on Literacy. 

Referred to State Government Committee. 

Executive Order Number 105, Extending expiration date of Executive Orders 
Number 3 and Number 51, North Carolina Advisory Council on Vocational Educa- 
tion. 

Referred to Education Committee. 



REPORT OF THE NORTH CAROLINA 
FARMWORKER COUNCIL 

Pursuant to G.S. 143B-426.25, the North Carolina Farmworker Council submits its 
annual report to the Senate on February 1, 1990. The Report is presented to the 
Senate and is ordered placed on file in the Legislative Library. (See Appendix) 

Senator Winner, Chairman of the Rules and Operation of the Senate Com- 
mittee, announces a committee meeting upon recess to consider S.B. 1, a bill to 
amend the Prison Population Stabilization Act to raise the population cap and to ad- 
journ the 1990 Extra Session of the General Assembly sine die. 



March 6, 1990 



1990] SENATE JOURNAL 11 

The Chair declares the Senate in recess for the purpose of a committee meeting. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable James 
C. Gardner, Lieutenant Governor. 

REPORT OF COMMITTEE 

Senator Winner, Chairman, for the Rules and Operation of the Senate Com- 
mittee, submits the following report: 

S.B. 1, a bill to amend the Prison Population Stabilization Act to raise the popula- 
tion cap and to adjourn the 1990 Extra Session of the General Assembly sine die, with 
a favorable report. 

On motion of Senator Winner, the bill is placed before the Senate for immediate 
consideration. 

Without objection, on motion of Senator Johnson of Wake, his question to Senator 
Winner regarding S.B.I and the answer of Senator Winner are spread upon the Jour- 
nal, as follows: 

Senator Johnson of Wake: "Senator Winner, I believe that you were in Com- 
mittee today. Is it your understanding, the testimony before the Committee, that this 
bill in no way affects the obligations of counties in the operations of their jails?" 

Senator Winner: "That question was asked by you in the Committee and as I 
understood the person from the Attorney General's staff who was there, that they af- 
firmed that this has nothing to do with counties and the operation of their jails." 

The bill passes its second (48-0) and third readings and is ordered sent to the House 
of Representatives by special messenger, 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bill, which is read the first time and disposed of as follows: 

H.B. 1, a bill to amend the Prison Population Stabilization Act to raise the popula- 
tion cap and to adjourn the 1990 Extra Session of the General Assembly sine die, with 
Amendment No. 1 not engrossed. 

Referred to Rules and Operation of the Senate Committee. 

Senator Winner, Chairman of the Rules and Operation of the Senate Com- 
mittee announces a meeting upon recess. 

The Chair declares the Senate in recess for the purpose of a committee meeting. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable James 
C. Gardner, Lieutenant Governor. 



REPORT OF COMMITTEE 

Senator Winner, Chairman, for the Rules and Operation of the Senate Com- 
mittee, submits the following report: 



March 6, 1990 



12 SENATE JOURNAL [Extra Session 

H.B. 1, a bill to amend the Prison Population Stabilization Act to raise the popula- 
tion cap and to adjourn the 1990 Extra Session of the General Assembly sine die, with 
a favorable report. 

On motion of Senator Winner, the bill is placed before the Senate for immediate 
consideration, and he is recognized to explain the measure. 

The bill passes its second (38-0) and third readings and is ordered enrolled. 



ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the office of the Secretary of State: 

H.B. 1, an act to amend the Prison Population Stabilization Act to raise the popu- 
lation cap and to adjourn the 1990 Extra Session of the General Assembly sine die. 
(Ch. 1) 

The President orders a message sent to the House of Representatives informing that 
Honorable Body that the Senate has concluded the public business of the 1990 Extra 
Session as set forth in the Proclamation issued by the Governor, and has ratified H.B. 
1 providing for adjournment, sine die. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

House of Representatives 
March 6, 1990 

Mr. President: ' . , . ,, 

It is ordered that a message be sent to the Senate respectfully advising that Honor- 
able Body that the House of Representatives has concluded the public business of the 
1990 Extra Session and stands ready to adjourn sine die pursuant to H.B. #1 "A BILL 
TO BE ENTITLED AN ACT TO AMEND THE PRISON POPULATION STABILI- 
ZATION ACT TO RAISE THE POPULATION CAP AND TO ADJOURN THE 
1990 EXTRA SESSION OF THE GENERAL ASSEMBLY SINE DIE", 

Respectfully, 
n , ;^ /.; - S/Grace A. Collins 

Principal Clerk 

Pursuant to the message that the House of Representatives has completed the busi- 
ness before it and has ratified H.B. 1, and the Senate having taken a like action, in 
compliance with Chapter 1 of the Extra Session, the President declares the Senate of 
the 1989 General Assembly, meeting in Extra Session, adjourned at 2:15 P.M., sine 
die. 

James C. Gardner 
" ^ '*>; : ; President of the Senate 

Sylvia Morris Fink 
Principal Clerk of the Senate 



March 6, 1990 



APPENDIX 



1990] SENATE JOURNAL 15 

(See page 10) 



NORTH CAROLINA GENERAL ASSEMBLY 

PRESIDENT PRO TEMPORE 

SENATE 

RALEIGH 27611 



March 1, 1990 

The Honorable Dennis Winner 

81B Central Avenue 

Asheville, North Carolina 28801 

Dear Dennis: 

Pursuant to G.S. 120-19.6, I am authorizing you, as Chairman of the Senate Com- 
mittee on Rules and Operation of the Senate, to call a meeting of the Committee on 
March 6, 1990, in preparation for the special session at noon on that date. 

Sincerely yours, 
S/Henson P. Barnes 
President Pro Tempore 



(See page 10) 



North Carolina 
Department of Administration 

North Carolina Farworker Council 
February 1, 1990 

Mrs. Sylvia Fink 

Principal Clerk 

North Carolina Senate 

State Legislative Building - 

Raleigh, North Carolina 27611 

Dear Mrs. Fink: 

The North Carolina Farmworker Council was established to study and evaluate the 
existing system of services to farmworkers and make recommendations to the Gover- 
nor and the General Assembly. Pursuant to G.S. 143B-426.25, the Council shall 
report its activities for the preceding calendar year to the Governor and the General 
Assembly by February 1. Attached is a copy of the Council's annual report. 

Sincerely, 

S/Marilyn E. Foote-Hudson 

Director 



16 SENATE JOURNAL [Extra Session 

EXECUTIVE ORDERS 

of the 

GOVERNOR OF THE STATE 

OF NORTH CAROLINA 

JAMES G. MARTIN 

In compliance with G.S. 150A (Art. 5) and Chapter 479 (S.B.I [Sec. 152]) of the 
1985 Session Laws, the Office of the Governor of the State of North CaroHna has filed 
with the Senate Principal Clerk a copy of all Executive Orders issued through March 6 , 
1990, as summarized below. 

The full text of Executive Orders 99 through 105 can be found in the Session Laws 
of the 1989 General Assembly, Second Session 1990. 

Executive Date of 

Order Title Issuance 

99 Governor's Commission on Reduction of 12/13/89 
Infant Mortality 

Establishes Commission of 27 members with staggered terms of three years; reports 
annually to the Governor and General Assembly; the purpose is to assess existing 
programs, coordinate State/private enterprise programs, with an emphasis on prenatal 
education and care; prohibits State funding. 

100 Extension of Executive Order Number 98, 12/14/89 
Hurricane Hugo Relief 

Extends the expiration date of Executive Order Number 98 (see text in Session Laws 
of the 1989 General Assembly, Second Session 1990), until February 3, 1990, to al- 
low vehicles from within North Carolina to transport trees uprooted or damaged by 
Hurricane Hugo, subject to certain conditions. 

101 Extends Executive Order Number 55, 12/21/89 
Martin Luther King, Jr. Holiday Commission 

Extends the expiration date of the Martin Luther King, Jr. HoHday Commission until 
September 30, 1991. (See text in Session Laws of the 1987 General Assembly, Second 
Session 1988.) 

102 Amendment to Executive Order Number 88 12/21/89 
Columbus Voyages Quincentenary Commission 

Amends Executive Order Number 88 (see text in Session Laws of the 1989 General 
Asembly, Regular Session), by transferring the Columbus Voyages Quincentenary 
Commission from the Department of Administration to the Department of Cultural 
Resources. Administrative support, and reimbursement of expenses responsibility of 
the Department of Cultural Resources. 

103 Extension of Executive Order Number 100 2/6/90 
Hurricane Hugo Relief 

Extends Executive Order Number 98, Hurricane Hugo Relief, as extended by Execu- 
tive Order Number 100 (see above), to remain effective until April 15, 1990, with 
certain additional guidelines. 



1990] SENATE JOURNAL 17 

104 Amending Executive Order Number 90 2/8/90 
Governor's Advisory Council on Literacy 

Amends Executive Order Number 90 (see text in Session Laws of the 1989 General 
Assembly, Regular Session), by adding the Secretary of the Department of Cultural 
Resources (or designee) to the membership. 

105 Extending Executive Order Number 3 2/8/90 
North Carolina Advisory Council on Vocational Education 

Extends Executive Order Number 3 (see text in Session Laws of the 1985 General 
Assembly, First Session), as extended by Executive Order Number 51 (see text in 
Session Laws of the 1987 General Assembly, First Session), to remain effective until 
May 15, 1991. 



INDEX 



20 SENATE JOURNAL [Extra Session 

NUMERICAL INDEX 

Senate 

S 1 Raise Prison Cap (H ppi) 10, 11. 

House of Representatives 

H 1 Raise Prison Cap (Ch. 1) 11, 12. 



RATIFIED BILL 

Chapter 1 HI 12, 



1990] SENATE JOURNAL 21 



ALPHABETICAL INDEX 

ABSENCE, LEAVE GRANTED 7. 

ADJOURNMENT, SINE DIE 12. 

S 1 (H ppi) 10, 11. 

H 1 (Ch. 1) 11, 12. 

APPENDIX 10, 13. 

APPOINTMENT FILLING UNEXPIRED TERM 
—see Lee, Howard N.— Senator 

BARNES, Henson P.— Senator Greene, Wayne— 8th District 

President Pro Tempore 

Appoints Committees 9. 

BRYAN, Howard F. — Senator Alexander, Catawba, 

Iredell, Yadkin— 26th District 

Committee Assignment 9 . 

Appropriations on Justice and Public Safety 
(Ranking Minority Member) 
BUSINESS CONCLUDED 

Senate 12. 

House 12. 

CAP— see Prison (Population Stabilization) 

CARPENTER, Robert C— Senator Cherokee, Clay, Graham, Haywood, 

Henderson, Jackson, Macon, Polk, Swain, 
Transylvania — 29th District 

Committee Assignment 9. 

Veteran Affairs, Law Enforcement, and Senior Citizens 
(Ranking Minority Member) 
COMMITTEES, STANDING 

Activated 15. 

Appointed 9 . 

Meeting Announced 10, 11 . 

Reports 11. 

CONVENES 5. 

DAUGHTRY, N. Leo— Senator Johnston, Sampson— 15th District 

Committee Assignment 9 . 

Judiciary II (Ranking Minority Member) 
DISTRICTS 3. 

EXECUTIVE ORDERS 10, 16. 

FARMWORKER COUNCIL, N.C., REPORT 10, 15. 

GARDNER, James C— Lieutenant Governor— see President of Senate 
GOVERNOR— see State Officers 

HARDIN, Charles W.— Senator Cherokee, Clay, Graham, 

Haywood, Henderson, Jackson, Macon, 
Polk, Swain, Transylvania— 29th District 

Committee Assignment 9 . 

Appropriations on General Government 
(Ranking Minority Member) 



22 SENATE JOURNAL [Extra Session 

HOUSE OF REPRESENTATIVES 

Business Concluded 12. 

Organized 9. 

Ratified H 1 (Ch. 1) 12. 

HUNT, Ralph A.— Senator Durham, Granville, Person, 

Orange (part) — 13th District 

Escorts Senator Lee 8 . 

HUNT, Wanda H. — Senator Chatham, Moore, Randolph, 

Orange (part) — 16th District 
Resignation 7. 

JOHNSON, Jr., James C— Senator Cabarrus, 

Mecklenburg (part)- 22nd District 

Committee Assignment 9. 

Veteran Affairs, Law Enforcement, and Senior Citizens 
(Vice-chairman) 
JOHNSON, Joseph E.— Senator Harnett, Lee, Wake (part)- 14th District 
Remarks Spread 11. 

KINCAID, Donald R.— Senator Avery, Burke, Caldwell, Mitchell, 

Wilkes— 27th District 

Committee Appointments 9. 

Committee Assignment 9. 

Rules and Operation of the Senate 
(Ranking Minority Member) 
Co-Sponsor— S 1 (H ppi) 10. 

LEE, Hov/ard N. — Senator Chatham, Moore, Randolph, 

Orange (part) — 16th District 

Appointment Filling Unexpired Term 8. 

Oath of Office Delayed 8 . 

Committee Assignments 9. 

Appropriations — Appropriations on Natural and Economic 
Resources — Base Budget — Education — Evironment and Natural 
Resources — Finance — Judiciary III — Local Government and 
Regional Affiars— State Personnel— Veteran Affairs, Law 
Enforcement, and Senior Citizens — Ways and Means 

Seat Assignment 8. 

Seated Without Privilege 8. 

MARTIN, James G.— Governor— see State Officers 

ODOM, T.L. (Fountain)— Senator Mecklenburg (part)— 34th District 

Committee Assignment 9. 

State Personnel (Chairman) 
OFFICERS 3, 8. 

Journal Signed 12. 

ORGANIZED 

House of Representatives 9. 

Senate 9. 

PARNELL, David R.— Senator Hoke, Robeson— 30th District 
Primary Sponsor — S 1 (H ppi) 10. 

PAROLE— see Prisons 

PLEDGE OF ALLEGIANCE 5. 

PRAYER 

Reverend Steve Lucas (Senate Chaplain) 5. 



1990] SENATE JOURNAL 23 

PRESIDENT OF SENATE— Lieutenant Governor James C. Gardner 

Leads Pledge of Allegiance 5. 

Presides 5, 11. 

PRESIDING— see President of Senate 
PRISON [G.S. 148] 

Population Stabilization Act Amended 

S 1 (H ppi) 10, 11. 

H 1 (Ch. 1) 11, 12. 

PROCLAMATION BY GOVERNOR 

Appointment of Senator Lee 8. 

Convenes General Assembly 5. 

QUORUM 7. 

RAUCH, Marshall A. — Senator Cleveland, Gaston, Lincoln, 

Rutherford— 25th District 

Escorts Senator Lee 8 . 

RECESS 11. 

REPORT TO GENERAL ASSEMBLY 

North Carolina Farmworker Council 10, 15. 

RESIGNATION— see Hunt, Wanda H.— Senator 

ROYALL, Kenneth C, Jr. — Senator Durham, Granville, Person, 

Orange (part) — 13th District 

Co-Sponsor— S 1 (H ppi) 10. 

RULES ADOPTED 8. 

SIMPSON, Daniel R.— Senator Avery, Burke, Caldwell, 

Mitchell, Wilkes— 27th District 

Committee Assignment 9. 

Judiciary I (Ranking Minority Member) 
STATE OFFICERS 
Governor 

Proclamation Appointing Senator Lee 8. 

Proclamation Convening General Assembly 5. 

Lieutenant Governor — see President of Senate 
SWAIN, Robert S.— Senator Buncombe, Madison, 

McDowell, Yancey— 28th District 
Absence, Leave of 7. 

WALKER, Russell G.— Senator Chatham, Moore, Randolph, 

Orange (part) — 16th District 

Escorts Senator Lee 8. 

WINNER, Dennis J. — Senator Buncombe, Madison, 

McDowell, Yancey— 28th District 

Announces Committee Meeting 10, 11. 

Remarks Spread 11. 

Submits Reports 11. 



JOURNAL 

OF THE 

SENATE 

OF THE 

GENERAL ASSEMBLY 

OF THE 

STATE OF NORTH CAROLINA 



1989 SESSION 
SECOND SESSION 

1990 



J" !^ 






:^^-? f^ 



' OFFICERS AND MEMBERS 

OF 

THE SENATE OF NORTH CAROLINA 

1989 GENERAL ASSEMBLY 
SECOND SESSION 1990 

JAMES C. GARDNER. President ...,,. Rocky Mount 

HENSON P. BARNES, President Pro Tempore Goldsboro 

KENNETH C. ROYALL. JR. , Deputy President Pro Tempore Durham 

SYLVIA M. FINK, Principal Clerk Raleigh 

LEROY CLARK, JR. , Reading Clerk Wendell 

GERDA B. PLEASANTS, Sergeant-at-Arms Cary 

DISTRICT NAME OF SENATOR CITY of RESIDENCE 

1 MARC BASNIGHT Manteo 

2 FRANK W. BALLANCE, JR Warrenton 

3 WILLIAM H. BARKER Oriental 

4 A. D. GUY Jacksonville 

5 WENDELL HOLMES MURPHY Rose Hill 

6 R. L. MARTIN Bethel 

7 FRANKLIN BLOCK Wilmington 

- 8 HENSON P. BARNES , Goldsboro 

9 THOMAS F. TAFT Greenville 

10 JAMES E. EZZELL, JR Rocky Mount 

1 1 JAMES D. SPEED Louisburg 

12 JOE B. RAYNOR Fayetteville 

LURA S. TALLY Fayetteville 

13 KENNETH C. ROYALL, JR Durham 

RALPH A. HUNT Durham 

14 JOSEPH E. JOHNSON Raleigh 

WILLIAM W. STATON Sanford 

J. K. SHERRON, JR Raleigh 

15 N. LEO DAUGHTRY Smithfield 

16 RUSSELL G. WALKER Asheboro 

HOWARD N. LEE Chapel Hill 

17 J. RICHARD CONDER Rockingham 

AARON W. PLYLER Monroe 

18 R. C. SOLES, JR Tabor City 

19 ROBERT G. SHAW Greensboro 

20 MARVIN M. WARD Winston-Salem 

TED KAPLAN Lewisville 

21 GEORGE B. DANIEL Yanceyville 

22 JAMES C. JOHNSON, JR Concord 

23 PAUL S. SMITH Salisbury 

BETSY L. COCHRANE Advance 

24 WILLIAM D. GOLDSTON, JR Eden 

A. P. SANDS III Reidsville 

25 J. OLLIE HARRIS Kings Mountain 

HELEN RHYNE MARVIN Gastonia 

MARSHALL A. RAUCH Gastonia 

26 AUSTIN M. ALLRAN Hickory 

HOWARD F. BRYAN Statesville 

27 DONALD R. KINCAID Lenoir 

DANIEL R. SIMPSON Morganton 

28 ROBERT S. SWAIN* Asheville 

HERBERT LEE HYDE Asheville 

DENNIS J. WINNER Asheville 

29 ROBERT C. CARPENTER Franklin 

CHARLES WHEELER HARDIN Canton 

30 DAVID RUSSELL PARNELL Parkton 

31 WILLIAM N. MARTIN Greensboro 

32 RICHARD E. CHALK, JR High Point 

33 JAMES F. RICHARDSON Charlotte 

34 T. L. ODOM Charlotte 

35 CONSTANCE K. WILSON Charlotte 

Districts (See Appendix) 

*Died 8/19/90 (Unexpired Term Filled 8/31/90— see Addendum) 



SENATE JOURNAL 

SECOND SESSION 1990 



ONE HUNDRED TWENTY-NINTH DAY 

Senate Chamber, 
Monday, May 21, 1990. 

The Senate meets pursuant to adjournment as provided by Resolution 34 and is 
called to order by the Honorable James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Father, as we come together today to set our minds and hearts to the task ahead, 
we would like to pause for a moment to give thanks for the many ways You have 
exhibited Your love to us in the days since we were last together. Thank You also for 
safe travels to and from this place. 

"Now, Father, direct out energies and strengths, and help us to confront our weak- 
nesses and shortcomings as we seek to do those things which this Body is empowered 
to do that will benefit the people of this State. 

"Be with these Senators and Representatives and all those who work with them. Be 
with their families. Remind us that in difficult times such as these. You give to us 
these words of comfort that You did not promise to us an easy hfe, but You did prom- 
ise to us Your help and strength to live it with courage and purpose. 

"In Your strong Name, we pray. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of Saturday, 
August 12, 1989, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for tonight to Senator Allran who "needs to 
be in Hickory, N.C. for a conference" and to Senator Ballance who is in court in 
Chowan County. 

' The Chair announces that the oath of office administered and subscribed to by the 
Honorable Howard N. Lee on March 6, 1990, has been received and is on file in the 
Office of the Principal Clerk, as follows: 



OATH OF OFFICE 

BOOK 841 PAGE 199 CERTIFIED COPY 

16th Senate District 

Orange, Chatham, Moore «fe Randolph Counties 

State of North Carolina 

I, Howard N. Lee, do solemnly and sincerely swear and affirm that I will be faithful 
and bear true allegiance to the State of North Carolina, and to the Constitutional Pow- 
ers and Authorities which are or may be established for the government thereof; and 
that I will endeavor to support, maintain, and defend the Constitution of said State, 
not inconsistent with the Consititution of the United States, to the best of m.y knowl- 
edge and ability; so help me God. 



May 21, 1990 



SENATE JOURNAL 



[Second Session 



I will well and truly execute the duties of the office of Senator for the Sixteenth 
(16th) Senatorial District of North Carolina, according to the best of my skill and 
ability; according to law; so help me God. 



Sworn and Subscribed to before me 
this the 6th day of March, 1990. 



(SEAL) 



Done this 6th day of March, 1990 
Superior Court Room, Chatham County 
Pittsboro, NC 



S/Howard N. Lee (SEAL) 

S/Betty June Hayes (SEAL) 

Register of Deeds, 
Orange County, NC 

FILED 

BOOK #841 PAGE#199 
MAR 7 10:48 AM '90 
BETTY JUNE HAYES 
REGISTER OF DEEDS 
ORANGE COUNTY, N.C. 



The Chair extends courtesies of the gallery to the delegation from Eastern Europe 
sponsored by the North Carolina Partners for Democracy Foundation. The group is 
living and working in North Carolina under the Fellowship Program in cooperation 
with the National Forum Foundation. 

On motion of Senator Shaw, courtesies of the gallery are extended to Marie 
Gardner, wife of the Lieutenant Governor. 



EXECUTIVE ORDERS 

Executive Orders received since March 6, 1990, are presented to the Senate, read, 
and referred to committee, as follows: (See Appendix) 

Executive Order Number 106, Amending Executive Order Number 66, State 
Employees Combined Campaign, Extending Expiration Date from January 29, 1990 
to 1992. 

Referred to State Government Committee. . . / 

Executive Order Number 107, Establishes North Carolina Governor's Com- 
mission on Workforce Preparedness. 

Referred to Higher Education Committee. .- 

Executive Order Number 108, Reestablishment of North Carolina Drug Cabi- 
net and Rescission of Executive Orders 80, 81, 97. 

Referred to State Government Committee. _ 

Executive Order Number 109, Establishes The North Carolina Sports Develop- 
ment Commission. 

Referred to State Government Committee. 

Executive Order Number 110, Establishes Governor's Advisory Council on In- 
ternational Trade. 

Referred to State Government Committee. 

Executive Order Number 111, Amendment and Extension of Executive Order 
Number 45, Governor's Language Institutes Advisory Board. , j. ; 

Referred to State Government Committee. 

Executive Order Number 112, Restructuring and Reestablishing Governor's 
Advisory Commission on Travel and Tourism. 
Referred to State Government Committee. 



May 21, 1990 



1990] SENATE JOURNAL 7 

Executive Order Number 113, Establishes Committee on Governor's Confer- 
ences on Library and Information Services. 

Referred to State Government Committee. 

Executive Order Number 114, Budget Administration. 
Referred to Ways and Means Committee. 



APPOINTMENT BY THE GOVERNOR 

The President directs the Reading Clerk to read the following message from the Gov- 
ernor: 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 
RALEIGH 27603-8001 



May 7, 1990 

The Honorable James C. Gardner 
Lieutenant Governor of North Carolina 
State Capitol 
Raleigh, North Carolina 27611 

Dear Lieutenant Governor Gardner: 

Pursuant to North Carolina General Statute 126-2, I am appointing Mr. Robert M. 
Frazer of Mecklenburg County to the State Personnel Commission to replace Mr. 
Malachi Greene. His term will begin immediately and will expire on June 30, 1995. I 
hereby submit his name to the General Assembly for confirmation. 

Sincerely, 
" ■ ' ' S/ James G. Martin 

Governor 

Referred to State Personnel Committee. 

Senator Staton rises to a point of personal privilege and directs the attention of the 
membership to the historical quilt depicting the history and landmarks of Harnett 
County which is on display in the Rotunda of the Legislative Building. 



REPORTS TO GENERAL ASSEMBLY 

The Chair announces that reports from Boards, Commissions, and Agencies di- 
rected to report to the 1989 General Assembly are received in the Office of the Princi- 
pal Clerk, and without objection, orders the reports placed on file in the Legislative 
Library, (See Addendum) 

On motion of Senator Barnes, seconded by Senator Johnson of Wake, the Senate 
adjourns at 8:35 P.M. to meet tomorrow. May 22, at 12:30 P.M. 



May 21, 1990 



8 SENATE JOURNAL [Second Session 

ONE HUNDRED THIRTIETH DAY 

^^ Senate Chamber, 

Tuesday, May 22, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Father, it is good sometimes to remember words spoken by another, at another 
time, yet equally appropriate to this place, this time. 

"Father, grant to us the composure 'to accept the things we cannot change, the 
courage to change the things we can, and the wisdom to know the difference.' 
Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday. 
May 21, 1990, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Goldston for today. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills filed for introduction are presented to the Senate, read the first 
time, and disposed of as follows: 

By Senators Johnson of Wake, Barker, Lee, Sands, Sherron, and Staton: 
S.B. 1338, a bill to award a performance pay increase in the form of a one-time, 
lump-sum bonus for the year to any State employee who is eligible for such an in- 
crease and who is at the top of a pay scale. 

Referred to State Personnel Committee and upon a favorable report re-referred 
to Appropriations Committee. 

By Senator Martin of Pitt: 

S.B. 1339, a bill to appropriate funds to the North Carolina Housing Trust Fund. 

Referred to Appropriations Committee. 

By Senator Daughtry: 

S.B. 1340, a bill to provide for the election of the Board of Commissioners of 
Sampson County, to reflect the system adopted under a consent decree in the case of 
United States of America v. Sampson County Board of Commissioners. 

Referred to Election Laws Committee. 

By Senators Johnson of Wake, Barker, Bryan, Lee, Sands, Sherron, and Staton: 
S.B. 1341, a bill to amend the performance pay system to allow some flexibility 
regarding the number of levels in the rating scale used to appraise the performance of 
state employees, with the top two levels of performance generally qualifying for per- 
formance increases. 

Referred to State Personnel Committee. 

By Senators Johnson of Wake, Barker, Lee, Marvin, Sands, Sherron, and Staton: 
S.B. 1342, a bill to repeal the State income tax exemptions for federal, state, local, 
and private retirement benefits and to increase the retirement formula for members 
and beneficiaries of the Teachers' and State Employees' Retirement System, the Con- 
solidated Judicial Retirement System, the Legislative Retirement System, and the Lo- 
cal Governmental Employees' Retirement System. 

Referred to Pensions and Retirement Committee and upon a favorable report 
re-referred to Finance Committee and upon a favorable report re-referred to Ap- 
propriations Committee. 



May 22, 1990 



1990] SENATE JOURNAL 9 

By Senators Johnson of Wake, Barker, Bryan, Lee, Sands, Sherron, and Staton: 
S.B. 1343, a bill to appropriate funds to implement the new performance pay sys- 
tem for State employees, enacted in Chapter 796 of the 1989 Session Laws. 
Referred to Appropriations Committee. 

By Senators Johnson of Wake, Barker, Bryan, Lee, Sands, Sherron, and Staton: 
S.B. 1344, a bill to place the burden on the State employee to request written justi- 
fication from the employee's supervisor when that employee is eligible for a perform- 
ance increase but does not receive performance increase or when that employee does 
not receive an increase of a midrange value within the allowable range. 
Referred to State Personnel Committee. 

By Senators Johnson of Wake, Barker, Bryan, Lee, Sands, Sherron, and Staton: 
S.B. 1345, a bill to clarify the current proviso regarding a limitation on the number 
of State employees eligible to receive performance pay increases. 
Referred to State Personnel Committee. 

By Senators Richardson, Odom, Wilson, and Johnson of Cabarrus: 
S.B. 1346, a bill to reduce the terms of Charlotte Housing Authority Commission- 
ers from five years to three years. 

Referred to Local Government and Regional Affairs Committee. 



REPORTS TO GENERAL ASSEMBLY 

The Chair orders the Reading Clerk to read reports from Boards, Commissions, and 
Agencies directed to report to the 1989 General Assembly, received in the office of the 
Principal Clerk, and without objection, orders the reports placed on file in the Legisla- 
tive Library. (See Addendum) 

The Chair introduces Elizabeth Exum Wagner who is serving as Supervisor of Pages 
for the Second Session of the 1989 General Assembly. 

The President recognizes the following pages serving in the Senate this week: 

Heather Dean Adams, Benson; Andrew R. Boyd, Kenly; D. Mitchell Brown III, 
Greenville; Karen Leigh Creech, Henderson; Tara DeSorbo, Salisbury; Sara L. Dill- 
ing, Kings Mountain; Kimberly D. Dunbar, Pantego; Brian Eudy, Concord; Jennifer 
Fleming, Rocky Mount; Alexander D. Guy III, Jacksonville; Matthew J. Moyer, 
Monroe; Ashley S. Parrott, Salisbury; Kimberly Anne Roberts, Ayden; Shelley Rene' 
Stilley, Trenton; Randall E. Wilson, Jr., Wilmington; and Matthew J. Wolfe, 
Asheboro. 

On motion of Senator Barnes, seconded by Senator Conder, the Senate adjourns at 
12:45 P.M. to meet tomorrow. May 23, at 2:00 P.M. 



ONE HUNDRED THIRTY-FIRST DAY 

r , i, ; Senate Chamber, 

Wednesday, May 23, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 



May 23, 1990 



10 SENATE JOURNAL [Second Session 

Prayer is offered by the Reverend Woodrow Bush, Minister of the First Baptist 
Church, Murphy, as follows: 

"Our Father, Who art in heaven, we acknowledge that You rule the world in truth 
and grace and that You are the Source of life and liberty. We thank You for the rich 
heritage of religious and political freedoms that we enjoy in our land and for the men 
and women who have sacrificed to make these things possible. We ask that we may 
always have the wisdom to recognize that true freedom is rooted in faith in You. 

"We thank You for the men and women who serve in our Legislature and for their 
staff. Grant them wisdom and strength adequate for their task. Enable them to serve 
the peoples of their State with humility and compassion. Give them safety as they 
travel and bless their families for the sacrifices and contributions they are willing to 
make. 

"May each one of us take seriously the responsibility of being involved in the affairs 
of our Country. We pray that we might propose in our hearts to live righteously, love 
justice and to walk humbly with you and with our fellow man. 

"Grant guidance during this Session of the Senate. May what is done be done effec- 
tively and honorably. In Jesus' Name, we pray. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
Tuesday, May 22, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Johnson of Cabarrus for today, 
who is attending a meeting with the Mayors of Mecklenburg County in Charlotte. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Winner, Swain, Smith, Guy, Raynor, and Tally: 
S.B. 1347, a bill to increase the retirement formulae for members of the Teachers' 
and State Employees' Retirement System and the Local Governmental Retirement Sys- 
tem. 

Referred to Pensions and Retirement Committee and upon a favorable report 
re-referred to Appropriations Committee. 

By Senator Winner: 

S.B. 1348, a bill to exempt from income tax deferred compensation benefits re- 
ceived from a federal, state, or local deferred compensation plan. 
Referred to Finance Committee. 

By Senators Staton, Block, Carpenter, Conder, Johnson of Cabarrus, Marvin, 
Plyler, and Sands: 

S.B. 1349, a bill to reduce from five years to three years the moratorium on acqui- 
sition of a North Carolina bank or savings association by an out-of-state institution. 

Referred to Banks and Thrift Institutions Committee. 

By Senators Staton, Block, Carpenter, Conder, Johnson of Cabarrus, Marvin, 
Plyler, and Sands: 

S.B. 1350, a bill to make technical and conforming changes to the savings institu- 
tions law. 

Referred to Banks and Thrift Institutions Committee. 

By Senators Staton, Block, Carpenter, Conder, Johnson of Cabarrus, Plyler, and 
Sands: 

S.B. 1351, a bill to make technical changes relating to joint, trust, and personal 
agency accounts at financial institutions. 

Referred to Judiciary I Committee. 



May 23, 1990 



1990] SENATE JOURNAL 11 

By Senators Staton, Block, Carpenter, Conder, Johnson of Cabarrus, Marvin, 
Plyler, and Sands: 

S.B. 1352, a bill to clarify use of the term "bank," "banking," "banker," or 
"trust" in connection with a business. 

Referred to Banks end Thrift Institutions Committee. 

By Senators Staton, Carpenter, Conder, Johnson of Cabarrus, Marvin, Plyler, and 
Sands: 

S.B. 1353, a bill to comply with Title XI of the Financial Institutions Reform, Re- 
covery, and Enforcement Act of 1989 by granting certain regulatory authority to the 
North Carolina Real Estate Commission Real Estate Appraisal Committee and to add 
a new classification of voluntary appraiser certification. 

Referred to Judiciary III Committee. 

By Senators Staton, Block, Carpenter, Conder, Johnson of Cabarrus, Marvin, 
Plyler, and Sands: 

S.B. 1354, a bill to regulate refund anticipation loans. 
Referred to Banks and Thrift Institutions Committee. 

By Senators Staton, Block, Carpenter, Conder, Johnson of Cabarrus, Marvin, 
Plyler, and Sands: 

S.B. 1355, a bill to provide for direct conversion of a savings institution to a bank 
and a bank to a savings institution. 

Referred to Banks and Thrift Institutions Committee. 

By Senator Johnson of Cabarrus: 

S.B. 1356, a bill to permit certain medium cities to hold ABC elections. 

Referred to Alcoholic Beverage Control Committee. 

By Senator Royall: 

S.B. 1357, a bill to ensure that all state boards, commissions, councils, and com- 
mittees have budgets approved by the General Assembly and to give the Director of the 
Budget additional authority to deviate from the budget adopted by the General Assem- 
bly. 

Referred to Appropriations Committee. 

By Senators Walker and Lee: 

S.B. 1358, a bill to allow the City of Asheboro to lease airport property for an 
additional period without competitive bid. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Winner, Guy, Kincaid, Rauch, Staton, and Simpson: 
S.B. 1359, a bill to update the reference to the Internal Revenue Code used to 
determine certain taxable income and tax exemptions and to adopt the federal stan- 
dard deduction and personal exemption amounts for 1990. 
Referred to Finance Committee. 

By Senators Winner, Guy, Kincaid, Rauch, Staton, and Simpson: 

S.B. 1360, a bill to reinstate sales tax on certain vehicles and vehicle parts, to 

modify the highway use tax and the alternate gross receipts tax, and to make technical 

changes in the laws affected by the Highway Trust Fund. 
Referred to Finance Committee. 

By Senators Winner, Guy, Kincaid, Rauch, Staton, and Simpson: 
S.B. 1361, a bill to make technical changes to the Revenue Laws. . 
Referred to Finance Committee. 



May 23, 1990 



12 SENATE JOURNAL [Second Session 

By Senators Winner, Guy, Kincaid, Rauch, Staton, and Simpson: 
S.B. 1362, a bill to revise the taxation of a North Carolina enterprise corporation 
and to extend the tax credit for investments in an enterprise corporation. 
Referred to Finance Committee. 

By Senators Winner, Guy, Kincaid, Rauch, Staton, and Simpson: 
S.B. 1363, a bill to modify the time allowed for filing certain property tax appeals 
and to make technical corrections to the property tax statutes. 
Referred to Finance Committee. 

By Senators Winner, Guy, Kincaid, Rauch, Staton, and Simpson: 
S.B. 1364, a bill to amend the Tax Fairness Act of 1989 to provide transitional 
adjustments relating to Subchapter S corporations and depreciation deductions, to 
correct an error that inadvertently disallowed deductions for some mortgage interest 
payments, and to provide additional tax relief for taxpayers with dependents who are 
permanently and totally disabled. 
Referred to Finance Committee. 

By Senators Winner, Guy, Kincaid, Rauch, Staton, and Simpson: 
S.B. 1365, a bill to provide an inheritance tax exemption for state and local gov- 
ernment retirement benefits paid to lineal descendants and ancestors and to limit the 
current inheritance tax exemption for federal government retirement benefits to only 
those benefits paid to lineal descendants and ancestors. 
Referred to Finance Committee. 

By Senators Winner, Guy, Kincaid, Rauch, Staton, and Simpson: 
S.B. 1366, a bill to allow a sales tax exemption for fuel used by a small power 
producer to generate electricity. 

Referred to Finance Committee. 

By Senators Winner, Guy, Kincaid, Rauch, Staton, and Simpson: 
S.B. 1367, a bill to increase the maximum bond that may be required of fuel dis- 
tributors and suppliers. 

Referred to Finance Committee. 

By Senators Staton, Johnson of Wake, and Sherron: 

S.B. 1368, a bill to appropriate funds to the General William C. Lee Memorial 
Commission, Inc. 

Referred to Appropriations Committee. 

By Senators Hardin and Carpenter: 

S.B. 1369, a bill to adopt Folkmoot USA as North Carolina's International Folk 
Festival and to appropriate funds for the North Carolina International Folk Festival. 

Referred to State Government Committee and upon a favorable report re- 
referred to Appropriations Committee. 

REPORT FROM THE LEGISLATIVE RESEARCH COMMISSION 

Pursuant to Section 2.1(12) of Chapter 802 of the 1989 Session Laws, the Report 
from the Legislative Research Commission on Revenue Laws is presented to the Sen- 
ate. The Senate accepts the Report, which is ordered placed on file in the Legislative 
Library. (See Addendum) 

RE-REFERRALS 

S.B. 1251, a bill to levy an air pollution tax on the emission of air contaminants 
known to cause air pollution. 

Without objection, on motion of Senator Barker, the rules are suspended and the 
bill is taken from the Finance Committee and re-referred to the Environment 



May 23, 1990 



1990] SENATE JOURNAL 13 

and Natural Resources Committee, and upon a favorable report recommitted to 
the Finance Committee. 

S.B. 1252, a bill to levy a water pollution tax on the discharge of waste from point 
sources to the surface waters of the State. 

Without objection, on motion of Senator Barker, the rules are suspended and the 
bill is taken from the Finance Committee and re-referred to the Environment 
and Natural Resources Committee, and upon a favorable report recommitted to 
the Finance Committee. 

On motion of Senator Barnes, seconded by Senator Johnson of Wake, the Senate 
adjourns at 2:27 P.M. to meet tomorrow, May 24, at 1:00 P.M. 



ONE HUNDRED THIRTY-SECOND DAY 

Senate Chamber, 
Thursday, May 24, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Eugene Land, Minister of Second Baptist Church, 
Kings Mountain, as follows: 

"Almighty God, You, Who are eternal, righteous, and wise; You, Who has granted 
this Nation and State the democratic ideal by which our destiny may be fashioned; we 
thank You that You have preserved among us enlightened and concerned citizens, who 
cherish their heritage as a free people and have purposed in their hearts to extend it. 

"We thank You for these leaders whom You have raised up to guide our society, 
republic, and State. Grant that these whom we have entrusted with the authority of 
government would be responsible, wise, compassionate, courageous and strong. 

"Help them to support wise legislation and faithful administration that all may pros- 
per under equal law and opportunity. 

"Defend our liberties, O Lord, and grant unto us a sense of our own responsibility. 

"Achieve unity of purpose among us. Strengthen us with honor and grant us peace. 
This our common prayer. Thou Who art Father, Son and Spirit! Amen!" 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
May 23, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Swain for medical reasons for 
today. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Ward, Chalk, Cochrane, Conder, Daughtry, and Martin of Guilford: 
S.B. 1370, a bill providing for the use of funds in the Teaching Fellows Revolving 

Fund to offset General Fund appropriations and for other purposes. 

Referred to Education Committee and upon a favorable report re-referred to 

Appropriations Committee. 



May 24, 1990 



14 SENATE JOURNAL [Second Session 

By Senators Hardin and Carpenter: 

S.B. 1371, a bill to allow Henderson County to name private roads in unincor- 
porated areas. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Plyler, Block, Conder, Martin of Pitt, Martin of Guilford, Marvin, 
Walker, and Ward: 

S.B. 1372, a bill to appropriate funds to support child development programs and 
services provided by United Cerebral Palsy of North Carolina. 

Referred to Appropriations Committee. 

By Senators Plyler, Block, Conder, Johnson of Cabarrus, Martin of Pitt, Martin of 
Guilford, Marvin, Sands, Staton, Walker, and Ward: 

S.B. 1373, a bill to appropriate funds to expand the services provided by United 
Cerebral Palsy. 

Referred to Appropriations Committee. 

By Senator Hardin: 

S.B. 1374, a bill to adopt Folkmoot USA as North Carolina's International Folk 
Festival and to appropriate funds for the North Carolina International Folk Festival. 

Referred to State Government Committee Committee and upon a favorable 
report re-referred to Appropriations Committee. 

By Senators Kaplan and Ward: 

S.B. 1375, a bill amending Chapter 296 of the Public-Local Laws of 1939, As 
Amended. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Ward and Kaplan: - ' ^ 

S.B. 1376, a bill amending G.S. 40A-3. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Plyler, Barker, Basnight, Carpenter, Conder, Daniel, Daughtry, 
Goldston, Harris, Johnson of Cabarrus, Kaplan, Lee, Marvin, Murphy, Parnell, 
Rauch, Richardson, Royall, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, 
Ward, and Winner: 

S.J.R. 1377, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a joint resolution honoring the life and memory of Fred Moore Mills, 
Jr. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Tally, Barker, Block, Cochrane, Conder, Daniel, Daughtry, Kaplan, 
Martin of Pitt, Parnell, Plyler, Raynor, Sherron, Smith, Soles, Swain, and Ward: 
S.B. 1378, a bill to establish a moratorium on the transfer of waters. 
Referred to Environment and Natural Resources Committee. 

By Senators Raynor, Ballance, Barker, Barnes, Basnight, Block, Conder, Daniel, 
Ezzell, Goldston, Guy, Harris, Johnson of Cabarrus, Johnson of Wake, Kaplan, Lee, 
Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, 
Richardson, Sands, Sherron, Soles, Speed, Staton, Swain, Taft, Tally, Walker, 
Ward, and Winner: 

S.B. 1379, a bill creating a Veterans Home Study Commission and appropriating 
funds for the study. 

Referred to Appropriations Committee. 

By Senators Murphy and Soles: 

S.B. 1380, a bill to provide for a strawberry assessment. 

Referred to Agriculture Committee and upon a favorable report re-referred to 
Appropriations Committee. 



May 24, 1990 



1990] SENATE JOURNAL 15 

By Senators Raynor, Soles, Parnell, and Bryan: 

S.B. 1381, a bill to appropriate funds from the Worker Training Trust Fund for the 
1990-91 fiscal year. 
Referred to Appropriations Committee. 



ADDITIONAL ENDORSEMENTS 

The following Senators request to be recorded endorsing bills previously introduced: 

By Senators Shaw and Wilson: 

S.B. 1347, a bill to increase the retirement formulae for members of the Teachers' 
and State Employees' Retirement System and the Local Governmental Retirement Sys- 
tem. 

By Senators Shaw and Wilson: 

S.B. 1348, a bill to exempt from income tax deferred compensation benefits re- 
ceived from a federal, state, or local deferred compensation plan. 

By Senators Shaw and Wilson: 

S.B. 1360, a bill to reinstate sales tax on certain vehicles and vehicle parts, to 
modify the highway use tax and the alternate gross receipts tax, and to make technical 
changes in the laws affected by the Highway Trust Fund. 

By Senators Shaw and Wilson: 

S.B. 1361, a bill to make technical changes to the Revenue Laws. 

By Senators Shaw and Wilson: 

S.B. 1363, a bill to modify the time allowed for filing certain property tax appeals 
and to make technical corrections to the property tax statutes. 

By Senators Shaw and Wilson: 

S.B. 1364, a bill to amend the Tax Fairness Act of 1989 to provide transitional 
adjustments relating to Subchapter S corporations and depreciation deductions, to 
correct an error that inadvertently disallowed deductions for some mortgage interest 
payments, and to provide additional tax relief for taxpayers with dependents who are 
permanently and totally disabled. 

By Senators Shaw and Wilson: 

S.B. 1365, a bill to provide an inheritance tax exemption for State and local gov- 
ernment retirement benefits paid to lineal descendants and ancestors and to limit the 
current inheritance tax exemption for federal government retirement benefits to only 
those benefits paid to lineal descendants and ancestors. 

By Senators Shaw and Wilson: 

S.B. 1366, a bill to allow a sales tax exemption for fuel used by a small power 
producer to generate electricity. 

On motion of Senator Barnes, seconded by Senator Marvin, the Senate adjourns at 
1:20 P.M. to meet tomorrow. May 25, at 10:00 A.M. 



May 24, 1990 



16 SENATE JOURNAL [Second Session 

ONE HUNDRED THIRTY-THIRD DAY 

Senate Chamber, 
Friday. May 25, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Father, sometimes in the hectic pace of a day, as we rush to accomplish those 
things on our agenda, we forget the reasons why those issues and tasks made it to our 
agenda in the first place. 

"So, help us God, to take the time we need to consider the why's that are behind the 
who's, the what's, the when's, the where 's, and the how's. Remind us that an es- 
sential part of any balanced day is rest, even a short five minutes to be quiet and think 
about the reasons behind our actions. 

"Father, we are grateful that when we call, You stand ready to meet with us, any 
time, anywhere, to give to us comfort and direction as we struggle with the decisions 
before us; all we have to do is ask and You stand ready to give. For this expression of 
Your love to us, we give thanks today. In Your Name, Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
May 24, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for today to Senator Daughtry who has a 
Superior Court commitment. Senator Johnson of Cabarrus whose attendance is re- 
quired in court, Senator Wilson who is out of State, and Senators Swain and Winner. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Carpenter: 

S.B. 1382, a bill to authorize Polk County to collect certain fees in the same man- 
ner as ad valorem taxes. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee Committee. 

By Senator Carpenter: 

S.B. 1383, a bill enabling the County of Macon to establish an airport authority for 
the operation and maintenance of airport facilities in the County of Macon for the 
citizens of Macon County and vicinity. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

By Senator Shaw: 

S.B. 1384, a bill to redefine the corporate boundaries of the Town of Stokesdale. 
Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

By Senators Plyler, Goldston, Johnson of Cabarrus, Parnell, and Simpson: 

S.B. 1385, a bill to authorize a regional transportation authority to levy a vehicle 

registration tax. 

Referred to Transportation Committee and upon a favorable report re-referred 

to Finance Committee. 



May 25, 1990 



1990] SENATE JOURNAL 17 

By Senators Plyler, Goldston, Johnson of Cabarrus, Parnell, and Simpson: 
S.J.R. 1386, a joint resolution authorizing the Legislative Research Commission to 
continue to study Public Transportation Financing. 
Referred to Appropriations Committee. 

By Senators Plyler, Goldston, Johnson of Cabarrus, Parnell, and Simpson: 

S.B. 1387, a bill to authorize a regional transportation authority to levy a driver's 

license tax. 

Referred to Transportation Committee and upon a favorable report re-referred 

to Finance Committee. 

By Senators Goldston and Rauch: 

S.B. 1388, a bill to restructure the budget process so as to assure more stable budg- 
eting, by providing for use of the prior calendar year's collections as the revenue esti- 
mates, limiting use of reversions to one-time expenditures, providing for annual budg- 
ets, and streamlining the legislative process as a result. 

Referred to Finance Committee and upon a favorable report re-referred to Ap- 
propriations Committee. 

By Senators Barker, Conder, Ezzell, Guy, Harris, Hunt of Durham, Johnson of 
Cabarrus, Odom, Richardson, and Soles: 

S.B. 1389, a bill to provide that restitution may be ordered for the expense of the 
controlled substance analysis in a drug offense conviction. 

Pursuant to Resolution 34, the bill is ordered held as filed in the Office of the Princi- 
pal Clerk. 

By Senators Marvin, Rauch, Harris, Sherron, and Tally: 

S.B. 1390, a bill to appropriate funds for a pilot program to provide health insur- 
ance to children of low-income families. 
Referred to Appropriations Committee. 

By Senator Ballance: 

S.B. 1391, a bill to make a technical correction in a 1987 act which regulated the 
shining of lights in deer areas in the counties of Bertie and Madison. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Wilson, Richardson, Johnson of Cabarrus, and Odom: 

S.B. 1392, a bill to modify the corporate limits of the Town of Pineville and the 

City of Charlotte. 

Referred to Local Government and Regional Affairs Committee and upon 

a favorable report re-referred to Finance Committee. 

By Senators Wilson, Rauch, and Daughtry: 

S.B. 1393, a bill to make releasing of motor vehicles unlawful. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Royall and Hunt of Durham: 

S.B. 1394, a bill to amend the legal description of the land being within the munici- 
pal boundaries of the City of Durham and to amend the metes and bounds description 
of a portion of the real property located within the County of Durham set forth in 
Section 2, Chapter 435, Session Laws of 1985. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

By Senator Johnson of Cabarrus: 

S.J.R. 1395, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to permit certain medium cities to hold 
ABC elections. 

Referred to Rules and Operation of the Senate Committee. 



May 25, 1990 



18 SENATE JOURNAL [Second Session 

By Senators Ezzell, Allran, Barker, Carpenter, Cochrane, Conder, Daniel, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Lee, 
Martin of Guilford, Marvin, Plyler, Rauch, Richardson, Smith, Soles, Speed, Tally, 
Walker, Ward, Wilson, and Winner: 

S.B. 1396, a bill to appropriate funds to develop state initiatives for addressing and 
reducing infant mortality in North Carolina. 

Referred to Appropriations Committee, 

By Senators Carpenter and Hardin: 

S.B. 1397, a bill to increase the minimum tax that may be imposed in certain 
Macon Fire Districts. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

By Senator Daughtry: 

S.B. 1398, a bill to codify the new method electing the Sampson County Board of 
Education established pursuant to the Federal Voting Rights Act. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Martin of Pitt and Ballance: 

S.B. 1399, a bill to establish a season for taking foxes by trapping in Edgecombe 
County. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Martin of Pitt and Ballance: 

S.B. 1400, a bill to prohibit the hunting or transportation of deer from or by boat or 
floating device on a portion of the Tar River in Edgecombe County. 

Referred to Local Government and Regional Affairs Committee. 



REPORTS TO GENERAL ASSEMBLY 

Boards, Commissions, and Agencies directed to report to the General Assembly 
submit reports as follows: 

Senator Johnson of Wake, pursuant to Chapter 120, Article 12A, of the North 
Carolina General Statutes and Chapter 352 of the 1989 Session Laws, presents the 
Report of the Joint Legislative Utility Review Committee to the Senate. The Senate 
accepts the Report, which is ordered placed on file in the Legislative Library. (See 
Addendum) 

Pursuant to Section 28.3(c) of Chapter 795 of the 1989 Session Laws, the Report of 
the Resource Center Division of the North Carolina Appellate Defender Office is pre- 
sented to the Senate. The Senate accepts the Report, which is ordered placed on file 
in the Legislative Library. (See Addendum) 

Senator Kaplan, Vice Chairman, announces a meeting of the Rules and Opera- 
tion of the Senate Committee and offers a motion to the end that the Senate 
recess for the purpose of the meeting, which motion prevails. 

The Chair declares the Senate in recess for the purpose of the committee meeting. 



RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable James 
C. Gardner, Lieutenant Governor. 



May 25, 1990 



1990] SENATE JOURNAL 19 

REPORTS OF COMMITTEES 

The following bill is reported from the standing committee, read by its title, together 
with the report accompanying it, as follows: 

By Senator Kaplan, Vice-Chairman, for the Rules and Operation of the Sen- 
ate Committee: 

H.J.R. 1, a joint resolution informing His Excellency, Governor James G. Martin, 
that the General Assembly is organized and ready to proceed with public business and 
inviting the Governor to address a joint session of the Senate and House of Represen- 
tatives, with an unfavorable report as to joint resolution, but favorable as to Senate 
Committee Substitute joint resolution, which changes the title upon concurrence to 
read, H.J.R. 1 (Senate Committee Substitute), a joint resolution extending the dead- 
line for requesting, filing for introduction, and introduction of certain bills. 

Senator Kaplan offers a motion to the end that the rules be suspended to allow the 
Senate Committee Substitute joint resolution, not germane to the original joint resolu- 
tion, accepted for consideration, which motion prevails. 

The Senate Committee Substitute joint resolution is placed before the Senate for 
immediate consideration and on motion of Senator Kaplan is adopted and on his fur- 
ther motion remains before the Senate for further consideration. 

The Senate Committee Substitute joint resolution passes its second (39-0) and third 
readings and is ordered sent to the House of Representatives for concurrence in the 
Senate Committee Substitute joint resolution, without objection, by special messenger. 

REPORTS TO GENERAL ASSEMBLY 

Boards, Commissions, and Agencies directed to report to the General Assembly 
submit reports, as follows: 

Pursuant to Chapter 64, of the 1989 Session Laws, the Report from the Birth-Re- 
lated Neurological Impairment Study Commission is presented to the Senate. The 
Senate accepts the Report, which is ordered placed on file in the Legislative Library. 
(See Addendum) 

On motion of Senator Barnes the Senate stands in recess. 



RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Henson 
P. Barnes, President Pro Tempore, who presides in the absence of the President of the 
Senate. 



ENROLLED BILLS 

The Enrolling Clerk reports the following joint resolution properly enrolled, and it is 
duly ratified and sent to the office of the Secretary of State: 

H.J.R. 1 (Senate Committee Substitute), a joint resolution extending the deadline 
for requesting, filing for introduction, and introduction of certain bills. (Res. 35) 

On motion of Senator Royall, seconded by Senator Sands, the Senate adjourns at 
10:42 A.M. to meet Tuesday, May 29, at 1:00 P.M. 



May 25, 1990 



20 SENATE JOURNAL [Second Session 

ONE HUNDRED THIRTY-FOURTH DAY 

Senate Chamber, 
Tuesday, May 29, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Dennis Adams, Minister of Campground Method- 
ist Church, Fayette ville, as follows: 

"O, Lord, Our God, You have given us the capacity and freedom to govern and 
order our lives. In response to that freedom we have established governments to order 
society and to promote the well-being of Your people. Through them, help us to 
express to its fullest the divine image in which we are all created. 

"To those persons who govern. You have given a most special privilege and respon- 
sibility: to stand as guardians over the welfare of your creation. We pray that through 
their rules and statutes. You will nurture Your creatures great and small. Guide them 
by Your love, in order that from their deliberations might come actions that are good 
and constructive. 

"You have blessed us, the people of this State with the freedom to choose from 
among ourselves those men and women who will govern us. Help each of us, who are 
the recipients of that freedom, to support our public officials through wise selfless 
counsel, obedience, and loyalty. 

"Be present today in this Body. Unite it in the service of Your love to this State, so 
that we will see 'Justice roll on like a river and righteousness like a never failing 
stream.' Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of Friday, May 
25, has been examined and is found to be correct. On his motion, the Senate dis- 
penses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for today to Senator Daniel, due to a death 
in the family; Senator Plyler, due to business obligations; Senator Ward, who is meet- 
ing with city leaders; and Senator Swain. 

REPORTS TO GENERAL ASSEMBLY 

Boards, Commissions, and Agencies directed to report to the General Assembly 
submit reports, as follows: 

Pursuant to Section 21.4 of Chapter 802 of the 1989 Session Laws, the Report of the 
State Personnel System Study Commission is presented to the Senate. The Senate 
accepts the Report, which is ordered placed on file in the Legislative Library. (See 
Addendum) 

REPORTS OF COMMITTEES 

The following bill is reported from the standing committee, read by its title, together 
with the report accompanying it and takes its place on the Calendar, as follows: 

By Senator Johnson of Wake for the Judiciary III Committee: 

H.B. 1019 (Committee Substitute), a bill to exempt securities designated or ap- 
proved for designation upon notice of issuance on the National Association of securi- 
ties dealers automated quotation national market system from the registration and fil- 
ing requirements of the North Carolina Securities Act, with a favorable report. 



May 29, 1990 



1990] SENATE JOURNAL 21 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills filed for introduction are presented to the Senate, read the first 
time, and disposed of as follows: 

By Senator Murphy: 

S.B. 1401, a bill to authorize Duplin County to collect certain fees in the same 
manner as ad valorem taxes. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

By Senators Odom, Block, Bryan, Johnson of Wake, Lee, Sands, and Speed: 
S.B. 1402, a bill to establish a performance management and pay oversight advi- 
sory committee within each department, agency, and institution to ensure that per- 
formance pay increases are made in a fair and equitable manner. 

Referred to State Personnel Committee. 

By Senators Ward and Kaplan: 

S.B. 1403, a bill to provide that certain tourism development authorities may apply 
to receive refunds of sales taxes paid on purchases. 
Referred to Finance Committee. 

By Senators Sands and Goldston: 

S.B. 1404, a bill to require consent of the Rockingham County Board of Commis- 
sioners before land in that County may be condemned or acquired by a unit of local 
government outside Rockingham County. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Ballance: 

S.B. 1405, a bill relating to the manner of appointment of an additional District 
Court Judge in the Ninth District Court District. 

Pursuant to Resolution 34, the bill is ordered held as filed in the Office of the Princi- 
pal Clerk. 

By Senators Walker, Basnight, Daniel, Hardin, Simpson, and Tally: 
S.B. 1406, a bill to delay the effective date of Chapter 372 of the 1989 Session 
Laws relating to the Wastewater Treatment Plant Operators Certification Commission 
and to provide for the study of the organization, functions, powers, and duties of the 
commission. 

Referred to Environment and Natural Resources Committee. 

By Senator Johnson of Wake: 

S.B. 1407, a bill to provide for a certification filing fee for insurers contraction with 
utilization review organizations; to provide for examinations of such insurers and re- 
view standards to Workers' Compensation insurers and multiple employer welfare ar- 
rangements. 

Referred to Insurance Committee and upon a favorable report re-referred to 
Finance Committee. 

By Senator Johnson of Wake: 

S.B. 1408, a bill to provide supplemental fees, licenses, and written examinations 
for agents who sell Medicare supplement or long-term care insurance policies; and to 
amend the Medicare supplement insurance law in accordance with recent congres- 
sional action. 

Referred to Insurance Committee and upon a favorable report re-referred to 
Finance Committee. 



May 29, 1990 



22 SENATE JOURNAL [Second Session 

By Senators Conder, Basnight, Cochrane, Odom, and Plyler: 

S.B. 1409, a bill clarifying the power of cities and counties to collect charges for the 

use of stormwater utilities. 

Referred to Local Government and Regional Affairs Committee and upon 

a favorable report re-referred to Finance Committee. 

By Senators Conder, Basnight, Cochrane, Odom, and Plyler: 

S.B. 1410, a bill giving counties the same authority that cities have concerning 
operation of a gas production and distribution system. 
Referred to Public Utilities Committee. 

By Senators Martin of Pitt, Rauch, Sands, and Basnight: 

S.B. 1411, a bill to appropriate funds to the North Carolina Rural Water Associa- 
tion for operating expenses. 

Referred to Appropriations Committee. 

The President recognizes the following pages serving in the Senate this week: 
Kristan R. Barker, Stoneville; Christopher P. Castleman, Winston-Salem; Thomas 

L. Dodson, Jr., Wilmington; Jarvone Dolby, Charlotte; Terius Dolby, Charlotte; 

Kelly M. Haney, Autryville; Rachel B. Harris, Roxboro; Bruce I. Howell, Cary; 

David T. Mizelle, Fayetteville; Shannon Overton, Raleigh; Katina Peace, Oxford; 

Tammy Ramsey, Franklin; Jennifer Sheppard, Stedman; Todd L. Smith, Eden; 

Michael E. Ward, Robersonville; Tracey Williamson, Leasburg; Brian Woodard, 

Goldsboro; and Brad Williams, Greenville. 

On motion of Senator Barnes, seconded by Senator Cochrane, the Senate adjourns 
at 1:20 P.M. to meet tomorrow. May 30, at 1:00 P.M. 



ONE HUNDRED THIRTY-FIFTH DAY 

Senate Chamber, 
> Wednesday, May 30, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor, 

Prayer is offered by the Reverend John Derrick, Minister of Saint John's Lutheran 
Church, Salisbury, as follows: 

"Our Gracious Heavenly Father, we pause for this moment of reverence to give You 
thanks for the opportunity to serve You and the people of North Carolina. Knowing 
that all governments are upon Your shoulders, challenge the men and women of this 
assembly to make decisions with integrity and competence. Hold each of us account- 
able to a high standard of ethics as we conduct our public and private lives. Give us 
wisdom and insight, vision and courage to see that the political business of this State 
places the needs of the public ahead of the pressures of any Party. Guide us now in 
this session. In Your Name we serve, and live, and pray. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
May 29, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 



May 30, 1990 



1990] : SENATE JOURNAL 23 

By Senator Johnson of Cabarrus: 

S.B. 1412, a bill to provide for licensing fees and licensing and regulation of multi- 
ple employer welfare arrangements (MEW As) on a receipt-supported basis and in 
accordance with the Employee Retirement Income Security Act as enacted and 
amended by Congress; and to change the registration fee and financial responsibility 
requirements for health plan administrators. 

Referred to Insurance Committee and upon a favorable report re-referred to 
Finance Committee. 

By Senator Barker: 

S.J.R. 1413, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to provide that restitution may be ordered 
for the expense of the controlled substance analysis in a drug offense conviction. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Simpson: 

S.B. 1414, a bill to authorize Burke County to collect certain fees in the same man- 
ner as ad valorem taxes. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

By Senators Carpenter and Hardin: 

S.Bl. 1415, a bill to appropriate funds for the driver training center at Southwestern 
Community College. 

Referred to Appropriations Committee. 

By Senators Kincaid and Carpenter: 

S.B. 1416, a bill to appoint persons to various boards and commissions upon the 
recommendation of the President of the Senate. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Guy, Barker, Basnight, Block, Carpenter, Conder, Ezzell, Harris, 
Hunt of Durham, Martin of Guilford, Parnell, Richardson, Sands, Soles, Speed, and 
Walker: 

S.B. 1417, a bill to provide that nonprofit youth athletic league concession stands 
shall be exempt from sales tax. 

Referred to Finance Committee. 

By Senator Guy: 

S.B. 1418, a bill to provide that the governing body of a taxing unit may delay the 
accrual of interest on certain unpaid property taxes. 

Pursuant to Resolution 34 , the bill is ordered held as filed in the Office of the Princi- 
pal Clerk. 

By Senator Sands: 

S.B. 1419, a bill to revise and consolidate the Charter of the City of Reidsville. 
Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

By Senators Tally, Sherron, and Raynor: 

S.B. 1420, a bill to establish fees for processing erosion control plan approvals 
under the Sedimentation Pollution Control Act. 

Pursuant to Resolution 34, the bill is ordered held as filed in the Office of the Princi- 
pal Clerk. 

By Senators Johnson of Wake, Staton, Sherron, and Speed: 

S.B. 1421, a bill to amend the law relating to the Raleigh Firemen's Supplemental 
Retirement Fund. 

Referred to Pensions and Retirement Committee. 



May 30, 1990 



24 SENATE JOURNAL [Second Session 

By Senators Tally and Raynor: 

S.B. 1422, a bill to appropriate funds for Cumberland County Mental Health Cen- 
ter's new facility. 

Referred to Appropriations Committee. 

By Senators Tally and Raynor: 

S.B. 1423, a bill to appropriate funds to the Town of Hope Mills for the construc- 
tion of a pavilion at its lake and park area. 
Referred to Appropriations Committee. 

By Senator Ballance: 

S.B. 1424, a bill to provide for the registration of land in Warren County and to 
require any person hunting or possessing a firearm or bow and arrow that is readily 
available for use to secure an entry permit before entering or remaining on registered 
land or remaining on abutting portions of highway. 

Referred to Marine Resources and Wildlife Committee and upon a favorable 
report re-referred to Finance Committee. 

By Senators Staton, Conder, Smith, Cochrane, and Sherron: 

S.B. 1425, a bill to establish fees for processing applications for permits and to 
improve permit processing and compliance under the Coastal Management Act. 

Pursuant to Resolution 34, the bill is ordered held as filed in the Office of the Princi- 
pal Cierk. 

By Senator Royall: 

S.B. 1426, a bill to modify the current operations appropriations for North Carolina 
for the 1990-91 fiscal year and to make other changes in the budget operation of the 
State. 

Referred to Appropriations Committee. 

By Senator Royall: 

S.B. 1427, a bill to make appropriations to provide capital improvements for Slate 
departments, institutions, and agencies. 

Referred to Appropriations Committee. ^^ 

By Senator Daughtry: 

S.B. 1428, a bill to provide that certain local sales and use tax proceeds shall be 
distributed to the taxing counties on a per capita basis and to appropriate funds to the 
Department of Revenue for the computer programming required to change the distribu- 
tion formula. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Johnson of Cabarrus: 

S.B. 1429, a bill to provide that no insurance points and no surcharges may be 
assessed for certain speeding offenses over sixty-five miles per hour. 

Pursuant to Resolution 34, the bill is ordered held as filed in the Office of the Princi- 
pal Clerk. 

By Senator Johnson of Cabarrus: 

S.J.R. 1430, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to provide that no insurance points and no 
surcharges may be assessed for certain speeding offenses over sixty-five miles per 
hour. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Johnson of Cabarrus: 

S.B. 1431, a bill relating to Cabarrus Memorial Hospital. 

Referred to Local Government and Regional Affairs Committee. 



May 30, 1990 



1990] ,,v SENATE JOURNAL 25 

By Senator Martin of Pitt: 

S.B. 1432, a bill to exempt the contracts for a partially prefabricated jail addition 
to the present jail facility of Wilson County from the requirements of the public bidding 
laws. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Murphy: 

S.B. 1433, a bill giving Duplin County the same authority that cities have concern- 
ing operation of a gas production and distribution system. 
Referred to Public Utilities Committee. 

By Senator Murphy: 

S.B. 1434, a bill to allow Duplin County to convey certain property in exchange for 
other property. 

Referred to Local Government and Regional Affairs Committee. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Sherron for the State Government Committee: 

H.B. 1299 (Committee Substitute No. 2), a bill to include fire sprinkler contractors 
under the licensure requirements of the State Board of Examiners of Plumbing and 
Heating Contractors; and to change the composition of the Board, with a favorable 
report, as amended. 

On motion of Senator Sherron the Committee Substitute bill No. 2 is placed before 
the Senate for immediate consideration and on his further motion Committee Amend- 
ment No. 1 is adopted. 

On motion of Senator Sherron, the Committee Substitute bill No. 2, as amended, is 
re-referred to the Finance Committee. 

By Senator Rauch for the Finance Committee: 

S.B. 1366, a bill to allow a sales tax exemption for fuel used by a small power 
producer to generate electricity, with a favorable report. 

On motion of Senator Rauch, the bill is re-referred to Ways and Means Com- 
mittee. 

S.B. 1367, a bill to increase the maximum bond that may be required of fuel dis- 
tributors and suppliers, with a favorable report. 

S.B. 1361, a bill to make technical changes to the Revenue Laws, with a favorable 
report, as amended. 

S.B. 1363, a bill to modify the time allowed for filing certain property tax appeals 
and to make technical corrections to the property tax statutes, with a favorable report, 
as amended. 

S.B. 1364, a bill to amend the Tax Fairness Act of 1989 to provide transitional 
adjustments relating to Subchapter S corporations and depreciation deductions, to 
correct an error that inadvertently disallowed deductions for some mortgage interest 
payments, and to provide additional tax relief for taxpayers with dependents who are 
permanently and totally disabled, with a favorable report, as amended. 

On motion of Senator Rauch, the rules are suspended, and the bill is placed before 
the Senate for immediate consideration and on his further motion Committee Amend- 
ment No. 1 is adopted. 



May 30, 1990 



26 SENATE JOURNAL [Second Session 

On motion of Senator Rauch, the bill, as amended, is ordered engrossed and re- 
referred to Ways and Means Committee. 

S.B. 1365, a bill to provide an inheritance tax exemption for State and local gov- 
ernment retirement benefits paid to lineal descendants and ancestors and to limit the 
current inheritance tax exemption for federal government retirement benefits to only 
those benefits paid to lineal descendants and ancestors, with a favorable report, as 
amended. 

S.B. 1362, a bill to revise the taxation of a North Carolina enterprise corporation 
and to extend the tax credit for investments in an enterprise corporation, with and 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Rauch, the rules are suspended, and the Committee Substi- 
tute bill, which changes the title to read S.B. 1362 (Committee Substitute), a bill to 
treat investments in a partnership in which the North Carolina Enterprise Corporation 
is a general partner as an investment in the corporation and to extend the tax credit for 
investments in an enterprise corporation, is placed before the Senate for immediate 
consideration. 

On motion of Senator Rauch, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for tomorrow, May 31. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H.B. 1019 (Committee Substitute), a bill to exempt securities designated or ap- 
proved for designation upon notice of issuance on the National Association of Securi- 
ties Dealers automated quotation national market system from the registration and 
filing requirements of the North Carolina Securities Act. 

The Committee Substitute bill passes its second (49-0) and third readings and is 
ordered enrolled. 

RECALL FROM THE HOUSE OF REPRESENTATIVES 

Senator Plyler offers a motion to the end that S.B. 625 (Committee Substitute), a 
bill to repeal a local act freezing the boundaries of the Monroe City School Adminis- 
trative Unit, sent to the House of Representatives on May 9, 1989, be recalled from 
the House of Representatives for further consideration, which motion prevails. 

The Chair orders a Special Message sent to the House of Representatives recalling 
the Committee Substitute bill. 

On motion of Senator Barnes, seconded by Senator Guy, the Senate adjourns at 
1:25 P.M. to meet tomorrow, May 31, at 1:00 P.M. 



ONE HUNDRED THIRTY-SIXTH DAY 

Senate Chamber, 
Thursday, May 31, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 



May 31, 1990 



1990] SENATE JOURNAL 27 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Father, someone once said, without faith a person can do nothing; with it, all 
things are possible. 

"Father, remind us that faith— faith in You, in ourselves, in each other, and in our 
process of government is fundamental to any success we experience. 

"Remind us that faith, the unwillingness to surrender to cynicism and despair, that 
kind of faith can literally move mountains. 

"Finally, O God, help us in this arena of competitive cooperation to strive more 
toward cooperation, than competition, remembering that cooperation is the building 
that rests on a foundation called faith and trust. In Your Name, Father, we offer this 
prayer. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
May 30, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for today to Senator Johnson of Cabarrus 
whose attendance is required in court and to Senator Shaw who has a dental emer- 
gency. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Johnson of Wake: 

S.B. 1435, a bill to increase fees for licensing and appointments of insurance 
agents, brokers, and adjusters; and to amend other laws to decrease costs to the State. 

Referred to Insurance Committee and upon a favorable report re-referred to 
Finance Committee. 

By Senator Guy: 

S.J.R. 1436, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to provide that the governing body of a 
taxing unit may delay the accrual of interest on certain unpaid property taxes. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Block: 

S.B. 1437, a bill to levy a one-time assessment on insurers that support the Mutual 
Workers' Compensation Security Fund. 

Pursuant to Resolution 34, the bill is ordered held as filed in the Office of the Princi- 
pal Clerk. 

By Senator Soles: 

S.J.R. 1438, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a joint resolution honoring the life and memory of Samuel Benjamin 
Frink, former member of the General Assembly. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Staton, Johnson of Wake, and Sherron: 

S.B. 1439, a bill to transfer the Veterans and Military Education Program from the 
Department of Community Colleges and the State Board of Community Colleges to the 
Board of Governors of the University of North Carolina. 

Referred to Higher Education Committee. 



May 31, 1990 



28 SENATE JOURNAL [Second Session 

By Senator Bryan: 

S.B. 1440, a bill to repeal the statute setting up the statewide computer voter file, 
and repealing an appropriation to the Secretary of State for administering that statute. 

Referred to Election Laws Committee and upon a favorable report re-referred 
to Appropriations Committee. 

By Senators Plyler, Basnight, Conder, Martin of Pitt, Murphy, and Speed: 
S.B. 1441, a bill to continue the Agricultural Finance Authority. 
Referred to Agriculture Committee and upon a favorable report re-referred to 
Appropriations Committee. 

By Senators Tally, Chalk, Conder, Johnson of Cabarrus, Martin of Pitt, Speed, 
and Taft: 

S.B. 1442, a bill to appropriate funds to establish and support twenty additional 
positions in the Solid Waste Section, Solid Waste Management Division, Department 
of Environment, Health, and Natural Resources. 

Referred to Appropriations Committee. 

By Senators Walker, Richardson, Harris, Marvin, and Allran: 

S.B. 1443, a bill to amend the reporting date from 1990 to 1991 for filing with the 

General Assembly of a Social Services Plan for the State of North Carolina by the 

Department of Human Resources. 

Referred to Human Resources Committee. 

By Senators Marvin, Conder, Harris, Martin of Guilford, Rauch, Speed, Swain, 
Walker, and Ward: 

S.B. 1444, a bill to appropriate State funds for community action agencies and to 
permit the use of Community Service Block Grant funds for the administration of com- 
munity action agency programs. 

Referred to Human Resources Committee and upon a favorable report re- 
referred to Appropriations Committee. 

By Senators Marvin, Conder, Harris, Martin of Guilford, Rauch, Speed, Swain, 
Tally, Walker, and Ward: 

S.B. 1445, a bill to appropriate funds to revise the exceptional children funding 
formula. 

Referred to Appropriations Committee. 

By Senator Allran: 

S.B. 1446, a bill to revise and consolidate the Charter of the City of Newton. 
Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

By Senators Hardin and Carpenter: 

S.B. 1447, a bill to suspend the operation of an annexation ordinance of the Town 
of Andrews. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

By Senators Hardin and Carpenter: 

S.B. 1448, a bill to allow Cherokee County to establish a county recreation and 
security service district, and levy a tax in that district for services of the district, sub- 
ject to a referendum. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 



May 31, 1990 



1990] SENATE JOURNAL 29 

H.B. 2118, a bill to revise the manner of election of the High Point City Board of 
Education. 

Referred to Election Laws Committee. 



ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the office of the Secretary of State: 

H.B. 1019 (Committee Substitute), an act to exempt securities designated or ap- 
proved for designation upon notice of issuance on the National Association of Securi- 
ties Dealers automated quotation national market system from the registration and 
filing requirements of the North Carolina Securities Act. (Ch. 803) 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 1361, a bill to make technical changes to the Revenue Laws, upon second 
reading. 

On motion of Senator Winner, Committee Amendment No. 1 is adopted. 

The bill passes its second reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Goldston, Guy, Har- 
din, Harris, Hunt of Durham, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of 
Guilford, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, 
Sands, Sherron, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, Tally, Walker, 
Ward, Wilson, and Winner — 44. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for Monday, June 4, for 
further consideration, upon third reading. 

S.B. 1362 (Committee Substitute), a bill to treat investments in a partnership in 
which the North Carolina Enterprise Corporation is a general partner as an investment 
in the corporation and to extend the tax credit for investments in an enterprise corpo- 
ration, upon second reading. 

The Chair declares the Committee Substitute bill does not require a call of the roll. 

The Committee Substitute bill passes its second (46-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 1363, a bill to modify the time allowed for filing certain property tax appeals 
and to make technical corrections to the property tax statutes, upon second reading. 

On motion of Senator Winner, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 44, noes 0, 
as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Johnson of Wake, Kincaid, Lee, 
Martin of Guilford, Marvin, Murphy, Odom, Parnell, Rauch, Raynor, Richardson, 
Royall, Sands, Sherron, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, Tally, 
Ward, Wilson, and Winner— 44. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for Monday, June 4, for 
further consideration, upon third reading. 



May 31, 1990 



30 SENATE JOURNAL [Second Session 

S.B. 1365, a bill to provide an inheritance tax exemption for State and local gov- 
ernment retirement benefits paid to lineal descendants and ancestors and to limit the 
current inheritance tax exemption for federal government retirement benefits to only 
those benefits paid to lineal descendants and ancestors, upon second reading. 

On motion of Senator Winner, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 48, noes 0, 
as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Johnson of Wake, Kaplan, Kin- 
caid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, 
Plyler, Rauch, Raynor, Richardson, Royall, Sands, Sherron, Simpson, Smith, Soles, 
Speed, Staton, Swain, Taft, Tally, Walker, Ward, Wilson, and Winner— 48. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for Monday, June 4, for 
further consideration, upon third reading. 

S.B. 1367, a bill to increase the maximum bond that may be required of fuel dis- 
tributors and suppliers. 

The bill passes its second (48-0) and third readings and is ordered sent to the House 
of Representatives. 



REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Winner for the Rules and Operation of the Senate Committee: 

S.J.R. 1377, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a joint resolution honoring the life and memory of Fred Moore Mills, 
Jr., with a favorable report. 

S.J.R. 1395, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to permit certain medium cities to hold 
ABC elections, with a favorable report. 

S.J.R. 1413, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to provide that restitution may be ordered 
for the expense of the controlled substance analysis in a drug offense conviction, with 
a favorable report. 

S.J.R. 1430, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to provide that no insurance points and no 
surcharges may be assessed for certain speeding offenses over sixty-five miles per 
hour, with a favorable report. 



WITHDRAWAL FROM COMMITTEE 

H.B. 2118, a bill to revise the manner of election of the High Point City Board of 
Education. 

On motion of Senator Chalk, the rules are suspended (45-0) and the bill is taken 
from the Election Laws Committee and on his further motion, the rules are sus- 
pended (47-0) and the bill is placed before the Senate for immediate consideration. 

The bill passes its second (47-0) and third readings and is ordered enrolled. 



May 31, 1990 



1990] SENATE JOURNAL 31 

INTRODUCTION OF BILL 

Senator Winner offers a motion that S.B. 1405, a bill relating to the manner of 
appointment of an additional District Court Judge in the Ninth District Court District, 
ordered held as filed in the Office of the Principal Clerk on May 29, 1990, pursuant to 
Resolution 34, be taken from the Clerk's office and presented to the Senate, which 
motion prevails. 

The bill passes its first reading and is referred to the Judiciary II Committee. 

REPORTS OF COMMITTEES 

. The following standing committee report is submitted out of the regular order of 
business, read by its title, together with the report accompanying it, and takes its place 
on the Calendar, as follows: 

By Senator Staton for the Banks and Thrift Institutions Committee: 

S.B. 1352, a bill to clarify use of the term "bank," "banking," "banker," or 
"trust" in connection with a business, with a favorable report. 

RE-REFERRAL 

S.B. 1351, a bill to make technical changes relating to joint, trust, and personal 
agency accounts at financial institutions. 

Without objection, on motion of Senator Swain the rules are suspended and the bill 
is taken from the Judiciary I Committee and re-referred to the Judiciary II 
Committee. 

On motion of Senator Barnes, seconded by Senator Daughtry, the Senate adjourns 
at 1:45 P.M. to meet Monday, June 4, at 8:00 P.M. 



ONE HUNDRED THIRTY- SEVENTH DAY 

Senate Chamber, 
Monday, June 4, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Father, we are grateful today for these men and women who have chosen to em- 
brace a life in politics and government, with its highs and lows, in order to serve the 
people of this State. Give to them Your strength and peace. 

"As these legislators continue their work this week, remind each of them in a unique 
and personal way that You are present with them, that they can rely on You to answer 
when they call. 

"Father, thank You that our worries are Your worries, that our problems are Your 
problems, and that our accomplishments are also Your accomplishments. Thank You 
that as we go about this thing called life, You are a sure and compassionate Friend. 
Amen." 



June 4, 1990 



32 SENATE JOURNAL [Second Session 

Senator Barnes, President Pro Tempore, announces that the Journal of Thursday, 
May 31, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 



ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, it is duly ratified and 
sent to the office of the Secretary of State: 

H.B. 2118, an act to revise the manner of election of the High Point City Board of 
Education. (Ch. 804) 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Johnson of Wake for the Judiciary III Committee: 

H.B. 1030 (Committee Substitute), a bill to amend the Statutes regulating bingo, 
with a favorable report. < ^ 

H.B. 1147, a bill to clarify that a joint tenancy with right of survivorship may be 
created if the right of survivorship is expressly provided for in the instrument creating 
the joint tenancy, with an unfavorable report as to bill, but favorable as to Senate 
Committee Substitute bill. 

On motion of Senator Johnson of Wake, the rules are suspended, and the Senate 
Committee Substitute bill is placed before the Senate for immediate consideration and 
on his further motion the Senate Committee Substitute bill is adopted. 

On motion of Senator Johnson of Wake, the Senate Committee Substitute bill is 
placed on the Calendar for tomorrow, June 5. 

H.B. 1291, a bill concerning collection of property by affidavit when a decendent 
dies testate, and concerning disbursement and distribution of property collected by af- 
fidavit, with an unfavorable report as to bill, but favorable as to Senate Committee 
Substitute bill. 

On motion of Senator Johnson of Wake, the rules are suspended, and the Senate 
Committee Substitute bill which changes the title, upon concurrence, to read, H.B. 
1291 (Senate Committee Substitute), a bill concerning administration of small estates 
by the Clerk of Superior Court and a related provision of the Inheritance Tax Law, is 
placed before the Senate for immediate consideration. 

On motion of Senator Johnson of Wake, the Senate Committee Substitute bill is 
adopted, and on his further motion is placed on the Calendar for tomorrow, June 5. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions filed for introduction are presented to the Senate: 

Senator Barnes offers a motion to the end that bills and resolutions filed for intro- 
duction and presented to the Senate be referred to committee upon the completion of 
tonight's Calendar, which motion prevails. 

Senator Barker offers a motion to the end that S.B. 1510 and S.B. 1511 be read a 
first time, which motion prevails. 



June 4, 1990 



1990] ' SENATE JOURNAL 33 

By Senator Barker: 

S.B. 1510, a bill to remove the authority of the City of New Bern to annex involun- 
tarily. 

On motion of Senator Barker the bill is placed on the Calendar for tomorrow, June 
5. 

By Senator Barker: 

S.B. 1511, a bill to exempt Craven County in construction of a courthouse annex 
from the historic district regulations of the City of New Bern. 

On motion of Senator Barker the bill is placed before the Senate for immediate con- 
sideration. 

'The bill passes its second and third readings and is ordered, without objection, sent 
to the House of Representatives by special messenger. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 2054, a bill to allow the Mayor of the City of Whiteville to vote on all issues 
coming before the Council. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 2061, a bill enabling the Town of Edenton to pass ordinances requiring that 
certain residential dwelling units have automatic smoke detectors. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 2076, a bill to authorize the Board of Commissioners of Davidson County to 
adopt an ordinance prohibiting the discharge of firearms or pellet guns from the road- 
ways and rights-of-way in Davidson County. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 2085, a bill to provide that purchasing procedures and contracts for improve- 
ments for the Town of Topsail Beach shall be governed by general law. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 2112, a bill to allow Pender County to name and assign street numbers to 
private roads in unincorporated areas. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 2115, a bill to exempt Macon County from certain procedural requirements 
on disposal of land as an industrial park. 

Referred to Local Government and Regional Affairs Committee. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 1361, a bill to make technical changes to the Revenue Laws, as amended, 
upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 48, noes 0, as 
follows : 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of 
Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, 



June 4, 1990 



,34 SENATE JOURNAL [Second Session 

Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, 
Soles, Speed, Staton, Swain, Taft, Tally, Walker, Ward, Wilson, and Winner— 48. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representa- 
tives. 

S.B. 1363, a bill to modify the time allowed for filing certain property tax appeals 
and to make technical corrections to the property tax statutes, as amended, upon third 
reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 48, noes 0, as 
follows : 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of 
Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, 
Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, Sherron, 
Simpson, Smith, Soles, Speed, Staton, Swain, Taft, Tally, Walker, Ward, and 
Winner— 48. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representa- 
tives. 

S.B. 1365, a bill to provide an inheritance tax exemption for State and local gov- 
ernment retirement benefits paid to lineal descendants and ancestors and to limit the 
current inheritance tax exemption for federal government retirement benefits to only 
those benefits paid to lineal descendants and ancestors, as amended, upon third read- 
ing. 

The bill, as amended, passes its third reading by roll-call vote, ayes 50, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of 
Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, 
Odom, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, Sherron, 
Simpson, Smith, Soles, Speed, Staton, Swain, Taft, Tally, Walker, Ward, Wilson, 
and Winner— 50. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representa- 
tives. 



RECALL FROM THE HOUSE OF REPRESENTATIVES 

Senator Rauch offers a motion to the end that S.B. 647 (Committee Substitute), a 
bill to provide a means for financing all or part of a convention center in Charlotte, be 
recalled from the House of Representatives for further consideration by the Senate, 
which motion prevails. 

The Chair orders a special message sent to the House of Representatives recalling 
the Committee Substitute bill. 



CALENDAR (Continued) 

S.B. 1352, a bill to clarify use of the term "bank," "banking," "banker," or 
"trust" in connection with a business. 

The bill passes its second (49-0) and third readings and is ordered sent to the House 
of Representatives. 



June 4, 1990 



1990] SENATE JOURNAL 35 

S.J.R. 1377, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a joint resolution honoring the life and memory of Fred Moore Mills, 
Jr. 

The joint resolution passes its second (47-0) and third readings and is ordered sent 
to the House of Representatives. 

S.J.R. 1395, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to permit certain medium cities to hold 
ABC elections. 

The joint resolution passes its second (44-1) and third readings and is ordered sent 
to the House of Representatives. 

S.J.R. 1413, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to provide that restitution may be ordered 
for the expense of the controlled substance analysis in a drug offense conviction. 

On motion of Senator Barker, the joint resolution is recommitted to the Rules and 
Operation of the Senate Committee. 



INTRODUCTION OF BILL 

Senator Barker, upon receipt of a fiscal note, offers a motion that S.B. 1389, a bill 
to provide that restitution may be ordered for the expense of the controlled substance 
analysis in a drug offense conviction, ordered held as filed in the Office of the Princi- 
pal Clerk on May 25, 1990, pursuant to Resolution 34, be called from the Clerk's 
office and presented to the Senate, which motion prevails. The bill passes its first 
reading and on motion of Senator Barker is referred to the Judiciary III Commit- 
tee. 



CALENDAR (Continued) 

S.J.R. 1430, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to provide that no insurance points and no 
surcharges may be assessed for certain speeding offenses over sixty-five miles per 
hour. 

The joint resolution passes its second (46-1) and third readings and is ordered sent 
to the House of Representatives. 



EXECUTIVE ORDERS 

Executive Orders received are presented to the Senate and referred to committee, as 
follows: (See Appendix) 

Executive Order Number 115, Amending Executive Order Number 92 Entitled 
Establishing the Western North Carolina Environmental Council. 

Referred to Environment and Natural Resources Committee. 

Executive Order Number 116, Amending and Extending Executive Order 
Number 78 Governor's Task Force On Injury Prevention. 
Referred to State Government Committee. 

The President recognizes the following pages serving in the Senate this week: 

Erica J. Allred, Charlotte; Courtney B. Barkely, Gastonia; Wallace Batten, 
Wilson; Jamie Bradshaw, Gastonia; Amanda Bullard, Greensboro; Ashley Byers, 
Charlotte; John Cathcart, Raleigh; Lisa H. Cort, Burnsville; Kimberly B. Credle, 



June 4, 1990 



36 SENATE JOURNAL [Second Session 

Swan Quarter; Thomas Blair Mines, Jr., Raleigh; Charles H. Huggins, Dallas; 
Matthew G. Hughes, Whitakers; Jonathan M. King, Raleigh; Seth A. Leone, Gas- 
tonia; La Ravi McCauley, Charlotte; Phillip Mills, Willard; Marc Murphy, Rose Hill; 
Abigail Murrow, Raleigh; Lewis Nantz, Charlotte; Jeffrey Rutledge, Burlington; 
Karen Schrader, Raleigh; Sheridan N. Singleton, Canton; Holly Van Pelt, Gastonia; 
Gregory W. Westcott, Burlington; and Heather Wilson, Charlotte. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Pursuant to the motion offered earlier by Senator Barnes, bills and resolutions filed 
for introduction are read the first time and disposed of as follows: 

By Senator Sands: 

S.B. 1449, a bill to change the filing period for the Leaksville Township Board of 
Education (Eden City School Administrative Unit) . 

Referred to Local Government and Regional Affairs Committee. 

By Senator Sands: 

S.B. 1450, a bill relating to the manner of filling vacancies in the Office of Register 
of Deeds of Surry County. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Harris: 

S.B. 1451, a bill to appropriate funds for capital needs at community-based 
rehabilitation facilities. 

Referred to Appropriations Committee. 

By Senators Lee, Walker, and Hunt of Durham: 

S.B. 1452, a bill to authorize Orange County to require financial security for the 
repair and operation of community systems of sewage collection, treatment and dis- 
posal. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Lee, Walker, and Hunt of Durham: 

S.B. 1453, a bill to clarify the enabling legislation for subdivision ordinance provi- 
sions relating to recreation areas in Orange County. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Lee, Walker, and Hunt of Durham: ' ' 

S.B. 1454, a bill to authorize Orange County to acquire real property in order to 
preserve open space and open areas for the preservation, protection and conservation 
of farmland, watershed areas and drinking water supplies, and to acquire the fee or 
any lesser interest. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Royall: 

S.B. 1455, a bill to provide that an extension of time for filing an individual income 
tax return is not an extension of time for paying the tax. 

Referred to Finance Committee. ' ^ ' 

By Senator Conder: 

S.B. 1456, a bill to appropriate funds to pay increased cost of highway use tax for 
public school buses. 

Referred to Appropriations Committee. 

By Senators Conder and Bryan: 

S.B. 1457, a bill to appropriate funds for aid to public libraries. 

Referred to Appropriations Committee. 



June 4, 1990 



1990] ' SENATE JOURNAL 37 

By Senator Murphy: 

S.B. 1458, a bill to appropriate funds to provide additional instructional equipment 
for the public schools. 

Referred to Appropriations Committee. 

By Senator Murphy: 

S.B. 1459, a bill to exempt Duplin County from certain building code requirements 
for construction of an aircraft hangar. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Chalk and Martin of Guilford: 

S.B. 1460, a bill to appropriate funds for the centennial celebration at the Univer- 
sity of North Carolina at Greensboro. 

Referred to Appropriations Committee. 

By Senators Chalk and Martin of Guilford: 

S.B. 1461, a bill relating to zoning procedures of the City of High Point. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Chalk and Martin of Guilford: 

S.B. 1462, a bill relating to assessments for underground electrical wiring in the 
City of High Point. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Chalk and Martin of Guilford: 

S.B. 1463, a bill to amend the law relating to the Firemen's Pension and Disability 
Fund in the City of High Point. 

Referred to Pensions and Retirement Committee. 

By Senator Block: 

S.B. 1464, a bill to provide that the North Carolina State Ports Authority may re- 
ceive refunds of sales and use taxes paid on direct purchases of tangible personal prop- 
erty. 

Referred to Finance Committee. 

By Senator Block: 

S.B. 1465, a bill to appropriate funds to Marine Crescent, Inc., for the promotion 
of marine related economy. 

Referred to Appropriations Committee. 

By Senators Carpenter and Hardin: 

S.B. 1466, a bill to appropriate funds to Industrial Opportunities, Inc., for the 
construction of a new metal building and production facility. 
Referred to Appropriations Committee. 

By Senators Plyler and Conder: 

S.B. 1467, a bill to increase the fees that may be charged by the State Board of 
Barber Examiners. 

Pursuant to Resolution 34, the bill is ordered held as filed in the Office of the Princi- 
pal Clerk. 

By Senator Roy all: 

S.B. 1468, a bill to prohibit the siting of a hazardous waste facility, operated pursu- 
ant to Chapter 130B of the General Statutes, within thirty-five miles of the State 
boundaries. 

Referred to Environment and Natural Resources Committee and upon a 
favorable report re-referred to Appropriations Committee. 

By Senator Royall: 

S.B. 1469, a bill to extend to thirty-five miles the current limitation that prohibits 
the siting of a hazardous waste facility, operated pursuant to Chapter 130B of the 



June 4, 1990 



tg SENATE JOURNAL [Second Session 

General Statutes, within twenty-five miles of a polychlorinated biphenyl landfill facil- 
ity. 

Referred to Environment and Natural Resources Committee and upon a 
favorable report re-referred to Appropriations Committee. 

By Senators Plyler and Conder: 

S.B. 1470, a bill to appropriate funds for the Small Farm Horticultural Marketing 
Project. 

Referred to Appropriations Committee. 

By Senators Martin of Guilford, Ballance, Basnight, Block, Conder, Daniel, Guy, 
Harris, Hunt of Durham, Johnson of Wake, Lee, Martin of Pitt, Marvin, Odom, 
Plyler, Richardson, Speed, Tally, and Walker: 

S.B. 1471, a bill to establish a State Educational Equity Grant Program. 

Referred to Education Committee and upon a favorable report re-referred to 
Appropriations Committee. 

By Senators Martin of Guilford and Chalk: 

S.B. 1472, a bill to appropriate funds for the North Carolina Shakespeare Festival. 

Referred to Appropriations Committee. 

By Senators Martin of Guilford and Chalk: 

S.B. 1473, a bill to appropriate funds for the Eastern Music Festival in Guilford 
County. 

Referred to Appropriations Committee. 

By Senators Martin of Guilford, Chalk, and Conder: 

S.B. 1474, a bill to amend the laws relating to the regulation of proprietary schools. 
Referred to Higher Education Committee and upon a favorable report re- 
referred to Finance Committee. 

By Senators Martin of Guilford, Conder, and Chalk: 

S.B. 1475, a bill to appropriate funds to the Department of Community Colleges for 
proprietary school law enforcement. 

Referred to Appropriations Committee. 

By Senators Martin of Guilford, Chalk, and Conder: 

S.B. 1476, a bill to increase the bond requirements for proprietary schools. 

Referred to Higher Education Committee. 

By Senators Taft and Martin of Pitt: 

S.B. 1477, a bill to allow the County of Pitt to acquire land for economic develop- 
ment and dispose of same without public sale. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Daniel: 

S.B. 1478, a bill to incorporate the Town of Green Level in Alamance County. 
Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

By Senator Daniel: 

S.B. 1479, a bill to enable residents of the City of Mebane to fish without a hook 
and line fishing license within Lake Michael, a municipal water impoundment. 
Referred to Marine Resources and Wildlife Committee. 

By Senator Daniel: 

S.B. 1480, a bill to increase the percentage of assets from the Sheriffs' Supplemen- 
tal Pension Fund that may be used by the Justice Department for the administration of 
that Fund. 

Referred to Pensions and Retirement Committee. 



June 4, 1990 



1990] SENATE JOURNAL 39 

By Senator Block: 

S.B. 1481, a bill to authorize Pender County to collect certain fees in the same 
manner as ad valorem taxes. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

By Senator Block: 

S.B. 1482, a bill relating to Pender County. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Block: 

S.B. 1483, a bill relating to New Hanover County. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Block: 

S.B. 1484, a bill relating to New Hanover County— 2. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Block: 

S.B. 1485, a bill to provide for appointment of alternate members of the Wil- 
mington Transit Authority. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Block: 

S.B. 1486, a bill to provide that the Pender County Board of Education shall take 
office on the first day of July following its election. 

Referred to Local Government and Regional Affairs Committee. 

. By Senator Block: 

S.B. 1487, a bill relating to Pender County— 2. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Block: 

S.B. 1488, a bill to limit the terms of office of members of the Wilmington Housing 
Authority. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Block: 

S.B. 1489, a bill to provide that purchasing procedures and contracts for improve- 
ments for the Town of Topsail Beach shall be governed by general law. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Tally and Sherron: 

S.B. 1490, a bill to make clarifying, conforming, and technical amendments to 
various laws relating to environment, health, and natural resources. 
Referred to Environment and Natural Resources Committee. 

By Senator Allran: 

S.B. 1491, a bill making a qualified exemption from the Public Records Act for the 
Catawba County geographic information system. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Lee, Walker, and Hunt of Durham: 

S.B. 1492, a bill to amend the Zoning Enabling Act to authorize Orange County to 
grant density bonuses and other incentives for developers of housing for persons of low 
or moderate income. 

Referred to Finance Committee. 

By Senators Barker, Basnight, Conder, Daniel, Harris, and Parnell: 
S.B. 1493, a bill to impose a blood-alcohol content analysis fee to be paid by cer- 
tain persons convicted of impaired driving. 
Referred to Finance Committee. 



June 4, 1990 



40 SENATE JOURNAL [Second Session 

By Senators Conder and Plyler: 

S.B. 1494, a bill to allow the Town of Richfield to be included within a rural fire 
protection district. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Bryan, Allran, Carpenter, Chalk, Cochrane, Daughtry, Hardin, Kin- 
caid, Shaw, Simpson, Smith, and Wilson: 

S.B. 1495, a bill to authorize the issuance of four hundred eighty million one hun- 
dred sixty-five thousand dollars of general obligation bonds of the State, subject to a 
vote of the qualified voters of the State, to provide funds, with any other available 
funds, for State prison and youth services facilities, and making certain appropriations 
to the Department of Correction for expansion of alternative punishment programs. 

Referred to Finance Committee and upon a favorable report re-referred to Ap- 
propriations Committee. 

By Senator Walker: 

SoB. 1496, a bill to extend time for the resolution of claims to land under navigable 
waters. 

Referred to Judiciary II Committee. 

By Senator Walker: 

S.B. 1497, a bill to amend the Charter of the City of Asheboro. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Wilson, Rauch, and Daughtry: 

S.J.R. 1498, a joint resolution authorizing the 1989 General Assembly, 1990 ses- 
sion, to consider a bill to be entitled an act to make releasing of motor vehicles unlaw- 
ful. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Parnell, Ballance, Barker, Basnight, Block, Conder, Daniel, Ezzell, 
Goldston, Guy, Kaplan, Martin of Guilford, Marvin, Odom, Plyler, Rauch, Raynor, 
Richardson, Sands, Sherron, Soles, Speed, Swain, Tally, Walker, and Ward: 

S.B. 1499, a bill to provide sentencing judges with the discretion to suspend a sen- 
tence to a term of imprisonment and place a youthful offender on probation, with the 
condition that the offender complete the IMPACT program. 

Referred to Judiciary I Committee. 

By Senators Parnell, Ballance, Barker, Basnight, Block, Conder, Daniel, Ezzell, 
Goldston, Guy, Hunt of Durham, Kaplan, Martin of Guilford, Marvin, Odom, Plyler, 
Rauch, Raynor, Richardson, Sands, Sherron, Soles, Speed, Swain, Tally, Walker, 
and Ward: 

S.B. 1500, a bill to create a Sentencing and Policy Advisory Commission and to 
establish a uniform standard for the development of criminal justice policy. 

Referred to Judiciary I Committee. 

By Senators Parnell, Ballance, Barker, Block, Bryan, Conder, Daniel, Ezzell, 
Goldston, Guy, Hunt of Durham, Kaplan, Martin of Guilford, Marvin, Odom, Plyler, 
Rauch, Raynor, Richardson, Sands, Sherron, Soles, Speed, Swain, Tally, Walker, 
and Ward: 

S.B. 1501, a bill to amend the Constitution to expand the punishments for convic- 
tion of a crime and to amend Statutes allowing good time deductions from prison or 
jail sentences. 

Referred to Constitution Committee. 

By Senators Parnell, Ballance, Barker, Basnight, Block, Conder, Daniel, Ezzell, 
Goldston, Guy, Hunt of Durham, Kaplan, Martin of Guilford, Marvin, Odom, Plyler, 



June 4, 1990 



1990] ""^^^' SENATE JOURNAL 41 

Rauch, Raynor, Richardson, Sands, Sherron, Soles, Speed, Swain, Tally, Walker, 
and Ward: 

. S.B. 1502, a bill to appropriate funds for the construction of additional prison beds, 
to replace aging prison facilities, and to raise the prison population cap. 
Referred to Appropriations Committee. 

By Senators Parnell, Ballance, Barker, Basnight, Block, Conder, Daniel, Ezzell, 
Goldston, Guy, Hunt of Durham, Kaplan, Martin of Guilford, Marvin, Odom, Plyler, 
Rauch, Raynor, Richardson, Sands, Sherron, Soles, Speed, Swain, Tally, Walker, 
and Ward: 

S.B. 1503, a bill to appropriate funds to expand the electronic surveillance and 
intensive supervision programs. 

Referred to Appropriations Committee. 

By Senators Parnell, Ballance, Barker, Basnight, Block, Conder, Daniel, Ezzell, 
Goldston, Guy, Hunt of Durham, Kaplan, Martin of Guilford, Marvin, Odom, 
Rauch, Raynor, Richardson, Sands, Sherron, Soles, Speed, Swain, Tally, Walker, 
and Ward: 

S.B. 1504, a bill to provide for the development of a pilot program at a private 
alcohol and drug abuse detention center, to make stipulations on satellite jail funding 
and community penalties programs, and to provide funds for private sector corrections 
pilot programs. 

Referred to Appropriations Committee. 

By Senators Parnell, Ballance, Barker, Basnight, Block, Conder, Daniel, Ezzell, 
Goldston, Guy, Hunt of Durham, Kaplan, Martin of Guilford, Marvin, Odom, Plyler, 
Rauch, Raynor, Richardson, Sands, Sherron, Soles, Speed, Swain, Tally, Walker, 
and Ward: 

S.B. 1505, a bill to create and appropriate funds for the Criminal Justice Facility 
Fund. 
r Referred to Appropriations Committee. 

By Senators Parnell, Ballance, Barker, Basnight, Block, Conder, Daniel, Ezzell, 
Goldston, Guy, Hunt of Durham, Kaplan, Marvin, Odom, Plyler, Rauch, Raynor, 
Richardson, Sands, Sherron, Soles, Speed, Swain, Tally, Walker, and Ward: 

S.B. 1506, a bill to allow judges to use house arrest as a condition of special proba- 
tion in certain DWI cases. 

Referred to Judiciary I Committee. 

By Senators Parnell, Ballance, Barker, Basnight, Block, Bryan, Conder, Daniel, 
Ezzell, Goldston, Guy, Hunt of Durham, Kaplan, Martin of Guilford, Marvin, 
Odom, Plyler, Rauch, Raynor, Richardson, Sands, Sherron, Smith, Soles, Speed, 
Swain, Tally, Walker, and Ward: 

S.B. 1507, a bill to appropriate funds to raise the per diem payments for State 
inmates in county jails. 

Referred to Appropriations Committee. 

By Senators Parnell, Ballance, Barker, Basnight, Block, Conder, Daniel, Ezzell, 
Goldston, Guy, Hunt of Durham, Kaplan, Martin of Guilford, Marvin, Odom, Plyler, 
Rauch, Raynor, Richardson, Sands, Sherron, Soles, Speed, Swain, Tally, Walker, 
and Ward: 

S.B. 1508, a bill to provide that both felons and misdemeanants shall be eligible for 
intensive probation. 

Referred to Judiciary I Committee. 

By Senator Basnight: 

S.B. 1509, a bill to authorize water column leases for aquaculture within recognized 
shellfish franchises. 

Referred to Marine Resources and Wildlife Committee. 



June 4, 1990 



42 SENATE JOURNAL [Second Session 

By Senator Parnell: 

S.B. 1512, a bill to allow the Town of St. Pauls to make the Town Administrator 
the head of all town departments. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Block: 

S.B. 1513, a bill to appropriate funds for the hurricane and storm damage preven- 
tion project for Topsail Island. 

Referred to Appropriations Committee. 

By Senator Block: 

S.B. 1514, a bill to appropriate funds to the New Hanover County Law Enforce- 
ment Officers Association, Inc. 

Referred to Appropriations Committee. 

By Senator Block: 

S.B. 1515, a bill to appropriate funds to the Town of Topsail Beach for a fire 
department building. 

Referred to Appropriations Committee. 

By Senators Sherron, Johnson of Wake, and Staton: 

S.J.R. 1516, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to place a moratorium on the issuance of 
any permit for selection of and approval of a commercial solid waste management 
facility for the treatment of medical waste. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Walker: 

S.B. 1517, a bill to appropriate funds to establish a maximum foster care reim- 
bursement rate for children with special needs. 
Referred to Appropriations Committee. 

By Senator Walker: 

S.B. 1518, a bill to appropriate funds to support the nonfederal share of federally 
required Family Support Act day care services. 

Referred to Appropriations Committee. ' 

By Senator Walker: 

S.B. 1519, a bill to appropriate funds to establish within the Department of Human 
Resources a food stamp outreach program of information, referral, and removal of 
barriers to the Food Stamp Program. 

Referred to Appropriations Committee. - 

By Senator Ezzell: 

S.B. 1520, a bill regarding when the Nash County Board of Education can pay its 
employees. 

Referred to Education Committee. 

By Senator Ezzell: 

S.B. 1521, a bill to provide that the Town of Bailey need not mail zoning notices 
for the total zoning or rezoning of the Town and its extraterritorial jurisdiction. 
Referred to Local Government and Regional Affairs Committee, 

By Senator Sands: 

S.B. 1522, a bill to authorize Watauga County to collect certain fees in the same 
manner as ad valorem taxes. 

Referred to Local Government and Regional Affairs Committee. 



June 4, 1990 



1990]' SENATE JOURNAL 43 

On motion of Senator Barnes, seconded by Senator Cochrane, the Senate adjourns 
at 8:45 P.M. in honor of Senator Dennis J. Winner upon the occasion of his marriage 
on June 1, 1990, to Lydia Catherine Deyton Winner, to meet tomorrow, June 5, at 
1:30 P.M. 



ONE HUNDRED THIRTY-EIGHTH DAY 

Senate Chamber, 
Tuesday, June 5, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Craig Lister, Minister of St. Thomas Episcopal 
Church, Sanford, as follows: 

"Heavenly Father, we gather this day in Your Name and as stewards of the world 
You have made. 

"Give all here gathered who share the ministry of representing the interests of oth- 
ers, the wisdom and compassion they need; so that justice may be served and abun- 
dance may be shared. 

"Bless these deliberations and endow all present with charity and forebearance. 
This we pray, in Christ's Name. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
June 4, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for today to Senator Chalk, who is meeting 
with the Governor. 



ADDITIONAL ENDORSEMENTS 

The following Senator requests to be recorded endorsing bills previously introduced: 

By Senator Wilson: 

S.B. 1457, a bill to appropriate funds for aid to public libraries. 

S.B. 1501, a bill to amend the Constitution to expand the punishments for convic- 
tion of a crime and to amend Statutes allowing good time deductions from prison or 
jail sentences. 

S.B. 1507, a bill to appropriate funds to raise the per diem payments for State 
inmates in county jails. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Kaplan: 

S.B. 1523, a bill to provide that Winston-Salem may levy an occupancy tax in 
addition to the occupancy tax in Forsyth County. 
Referred to Finance Committee. 



June 5, 1990 



44 SENATE JOURNAL [Second Session 

By Senator Kaplan: 

S.B. 1524, a bill to require parents to spend time at school with their children. 
Referred to Education Committee and upon a favorable report re-referred to 
Appropriations Committee. 

By Senator Royall: 

S.B. 1525, a bill to authorize the construction and the financing, without appro- 
priations from the General Fund, of certain capital improvements projects of the con- 
stituent institutions of the University of North Carolina and the University of North 
Carolina Hospitals at Chapel Hill. 

Referred to Finance Committee and upon a favorable report re-referred to Ap- 
propriations Committee. 

By Senator Royall: 

S.B. 1526, a bill to amend the authorization for a wholly self-liquidating project for 
the University of North Carolina at Greensboro that was originally enacted by Chapter 
806 of the 1987 Session Laws and was amended by Chapter 995 of the 1987 Session 
Laws. 

Referred to Finance Committee and upon a favorable report re-referred to Ap- 
propriations Committee. 

By Senator Ranch: 

S.B. 1527, a bill to provide revenue amendments for the City of Gastonia and Gas- 
ton and Mecklenburg Counties. 

Referred to Finance Committee. 

By Senator Rauch: 

S.B. 1528, a bill to balance the State budget. 

Referred to Finance Committee. 

By Senators Barker, Tally, and Raynor: 

S.B. 1529, a bill to authorize the Wildlife Resources Commission to use funds to 
construct boating access areas at Cedar Island and at Ocracoke Island, to repair the 
dam at Lake Rim Fish Hatchery, and to construct a visitor center at Pisgah Forest Fish 
Hatchery. 

Referred to Marine Resources and Wildlife Committee and upon a favorable 
report re-referred to Appropriations Committee. 

- ;>■■■■" ■^•; /,.:■■. /' .,'■:;■ .■.,/.■;■••' ■ ■■'/!' 

By Senator Barker (By request): 

S.B. 1530, a bill to establish new salary schedules for certified public school ad- 
ministrators. 

Referred to Appropriations Committee. 

By Senators Marvin, Walker, Harris, Tally, and Ward: 

S.B. 1531, a bill to appropriate funds for HUD group homes and apartments for the 
mentally ill. 

Referred to Appropriations Committee. ' • 

By Senator Marvin: 

S.B. 1532, a bill to am.end the exceptional children's appeals process, to preserve 
federal funds, and to save the State replacement funds. 
Referred to Appropriations Committee. 

By Senator Marvin: 

S.B. 1533, a bill to authorize the Department of Justice to charge dormitory fees at 
the North Carolina Justice Academy. 

Pursuant to Resolution 34, the bill is ordered held as filed in the Office of the Princi- 
pal Clerk. 



June 5, 1990 



1990] ' SENATE JOURNAL 45 

By Senator Tally: 

S.B. 1534, a bill to establish fees for processing applications for mining permits 
and applications for modifications and renewals of existing mining permits. 
Referred to Finance Committee. 

By Senator Tally: 

S.B. 1535, a bill to establish fees for processing applications for approval of con- 
struction, repair, alteration, or removal of dams. 
Referred to Finance Committee. 

By Senator Tally: 

S.B. 1536, a bill to establish fees for processing erosion control plan approvals 
under the Sedimentation Pollution Control Act of 1973. 
Referred to Finance Committee. 

By Senator Walker: 

S.B. 1537, a bill to appropriate funds for the summer camp program for autistic 
children and adults. 

Referred to Appropriations Committee. 

By Senator Conder: 

S.B. 1538, a bill to authorize the establishment of public education foundations. 
Referred to Education Committee and upon a favorable report re-referred to 
Appropriations Committee. 

By Senator Ward: 

S.B. 1539, a bill to make modifications in the school transportation system, to 
reduce required education reports and other paperwork, and to make corresponding 
reductions in the budget of the Department of Public Education. 

Referred to Appropriations Committee. 

By Senator Kaplan: 

S.B. 1540, a bill to appropriate funds for the benefit of the people of North Caro- 
lina. 

Referred to Appropriations Committee. 

By Senator Kaplan: 

S.B. 1541, a bill to allow law enforcement officers who are members of the Teach- 
ers' and State Employees' Retirement System or the Local Governmental Employees' 
Retirement System to retire with unreduced benefits after completing twenty-five years 
of service. 

Referred to Pensions and Retirement Committee and upon a favorable report 
re-referred to Appropriations Committee. 

By Senators Marvin, Rauch, and Harris: 

S.B. 1542, a bill to appropriate funds to include the Loray Girls Home, Inc., of 
Gastonia, as a private child caring institution receiving a State grant-in-aid. 
Referred to Appropriations Committee. 

By Senators Conder, Basnight, Block, Carpenter, Chalk, Cochrane, Daniel, 
Daughtry, Goldston, Guy, Hardin, Hunt of Durham, Martin of Pitt, Marvin, Parnell, 
Plyler, Rauch, Raynor, Richardson, Sands, Soles, and Staton: 

S.B. 1543, a bill to clarify the authority of local school boards to select supplemen- 
tal instructional material, to clarify requirements concerning the development of differ- 
entiated pay plans, and to appropriate funds for the implementation of differentiated 
pay plans. 

Referred to Appropriations Committee. 



June 5, 1990 



46 SENATE JOURNAL [Second Session 

By Senators Ezzell, Basnight, Bryan, Cochrane, Guy, Harris, Martin of Pitt, Mar- 
tin of Guilford, Marvin, Pamell, Raynor, Richardson, Sherron, Speed, and Walker: 
S.B. 1544, a bill to increase the domiciliary home rates and to appropriate funds. 
Referred to Appropriations Committee. 

By Senators Plyler, Conder, Daniel, and Bryan: 

S.B. 1545, a bill to allow additional retroactive membership in the North Carolina 
Firemen's and Rescue Squad Workers' Pension Fund. 

Referred to Pensions and Retirement Committee and upon a favorable report 
re-referred to Appropriations Committee. 

By Senator Ballance: 

S.B. 1546, a bill to appropriate funds to the North Carolina Coalition of Farm and 
Rural Families. 

Referred to Appropriations Committee. 

By Senators Staton, Johnson of Wake, and Sherron: 

S.B. 1547, a bill to appropriate funds for the Museum of Natural Sciences. 

Referred to Appropriations Committee. 



SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H.J.R. 2053, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a joint resolution honoring the life and memory of Herbert Clifton 
Blue, former member of the General Assembly. 

Referred to Rules and Operation of the Senate Committee. 

H.J.R. 2098, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a joint resolution honoring the life and memory of John Knox 
McNeill, Jr. , former Mayor of the City of Raeford, and recognizing the celebration of 
National Turkey Lovers' Month in his honor. 

Referred to Rules and Operation of the Senate Committee. 

H.J.R. 2137, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a House resolution memorializing Congress to pass legislation to en- 
sure equitable distribution of social securities benefits. 

Referred to Rules and Operation of the Senate Committee. 

H.J.R. 2174, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to require that notice of liens for the cost 
and damages payable to the United States for the cleanup of any site covered by 
CERCLA/SARA be filed in the Office of the Clerk of Superior Court of the county in 
which the property is located. 

Referred to Rules and Operation of the Senate Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 2059, a bill to remove from the corporate limits of the Town of Black Moun- 
tain an area included in error in an annexation ordinance effective February 28, 1989. 
Referred to Local Government and Regional Affairs Committee. 



June 5, 1990 



1990] SENATE JOURNAL 47 

H.B. 2094, a bill to confirm the corporate limits and to ratify actions of the Board 
of Aldermen of the City of Bakersville. 

Referred to Local Government and Regional Affairs Committee. 



SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

SB 625(CS) House of Representatives 

June 4, 1990 

Mr. President: 

It is ordered that a message be sent informing your Honorable Body that your mes- 
sage of May 30, 1990 requesting the return of SB 625 (Comm, Sub.) ''A BILL TO BE 
ENTITLED AN ACT TO REPEAL A LOCAL ACT FREEZING THE BOUNDA- 
RIES OF THE MONROE CITY SCHOOL ADNnNISTR.-\TI\'E UNIT", has been 
read and referred to the Committee on Rules, Appointments and the Calendar. 

Respectfully. 

S Grace A. Collins 

Principal Clerk 

SB 647(CS) House of Representatives 

June 5, 1990 

Mr. President: 

It is ordered that a message be sent informing your Honorable Body that the House 
of Representatives is honoring the request of the Senate and is returning S.B. 64" 
(Committee Substitute) "A BILL TO BE ENTITLED AN ACT TO PROMDE A 
MEANS FOR FINANCING ALL OR PART OF A CON\'ENTION CENTER IN 
CHARLOTTE", for further consideration by the Senate. 

Respectfully, 

S Grace A. Collins 

Principal Clerk. 

Without objection, the Chair orders the Committee Substitute bill recommitted to 
the Finance Committee. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 1510, a bill to remove the authority of the City of New Bern to annex involun- 
tarily, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 37. noes 0, as follows: 

Voting in the affirmative: Senators Barker, Barnes, Basnight, Block, Carpenter, 
Cochrane, Daniel, Daughtry, Goldston. Guy, Hardin, Harris, Hunt of Durham, 
Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Lee. Marvin, Odom. Par- 
nell, Plyler, Royall, Sands, Shaw. Sherron, Simpson, Smith, Soles, Staton, Swain, 
Taft, Tally, Walker, Ward, Wilson, and Winner— 3^. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, June 6, for further consid- 
eration, upon third reading. 



June 5, 1990 



48 SENATE JOURNAL [Second Session 

H.B. 1030 (Committee Substitute), a bill to amend the Statutes regulating bingo. 
The Committee Substitute bill passes its second reading (44-1). 
Senator Block objects to the third reading of the bill. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, June 
6, for further consideration, upon third reading. 

H.B. 1147 (Senate Committee Substitute), a bill to clarify that a joint tenancy with 
right of survivorship may be created if the right of survivorship is expressly provided for 
in the instrument creating the joint tenancy. 

On motion of Senator Block, consideration of the Senate Committee Substitute bill 
is postponed until Tuesday, June 12. 

H.B. 1291 (Senate Committee Substitute), a bill concerning administration of 
small estates by the Clerk of Superior Court and a related provision of the Inheritance 
Tax Law. 

On motion of Senator Lee, consideration of the Senate Committee Substitute bill is 
postponed until tomorrow, June 6. 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Sands for the Local Government and Regional Affairs Commit- 
tee: 

S.B. 1346, a bill to reduce the terms of Charlotte Housing Authority Commission- 
ers from five years to three years, with a favorable report. 

S.B. 1358, a bill to allow the City of Asheboro to lease airport property for an 
additional period without competitive bid, with a favorable report. 

S.B. 1375, a bill amending Chapter 296 of the Public-Local Laws of 1939, As 
Amended, with a favorable report. 

S.B. 1376, a bill amending G.S. 40A-3, with a favorable report. 

S.B. 1382, a bill to authorize Polk County to collect certain fees in the same man- 
ner as ad valorem taxes, with a favorable report. 

On motion of Senator Sands, the bill is re-referred to the Finance Committee. 

S.B. 1371, a bill to allow Henderson County to name private roads in unincor- 
porated areas, with a favorable report, as amended. 

S.B. 1404, a bill to require consent of the Rockingham County Board of Commis- 
sioners before land in that County may be condemned or acquired by a unit of local 
government outside Rockingham County, with a favorable report, as amended. 

On motion of Senator Barnes, seconded by Senator Carpenter, the Senate adjourns 
at 2:00 P.M. to meet tomorrow, June 6, at 1:00 P.M. 



June 5, 1990 



1990] SENATE JOURNAL 49 

ONE HUNDRED THIRTY-NINTH DAY 

Senate Chamber, 
Wednesday, June 6, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve Lewis, Englewood Baptist Church, Rocky 
Mount, as follows: 

"Heavenly Father, Eternal Spirit, so far above us, yet so deep within us. You are so 
great that our imagination cannot touch the outskirts of Your ways. Yet You are closer 
to us than the air we breathe; closer than the life-giving flow that pulses through our 
veins. We pause at this time in this place to ask Your blessings on. Your guidance 
for, and Your presence with these our public servants. Our special prayer is that You 
would deliver them from any sense of futility as they face the complicated situations of 
life and the difficulties of government. We pray that they may feel the encourage- 
ment, support, and prayers of a host of patriots who love this country, who love this 
State, and who deeply appreciate the contribution these our elected officials are mak- 
ing. 

"Keep us ever aware of the fact that Your power has never been obstructed by diffi- 
culties. Your love is not limited by human failure. But that even in the midst of the 
obstructions to human resources, we may be impelled to discover anew Your eternal 
resources. In the Name of Our Lord, we pray. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
June 5, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for today to Senator Staton, whose atten- 
dance is required in court. 



REPORT OF COMMITTEE 

The following bill is reported from standing committee, read by its title, together 
with the report accompanying it, and takes its place on the Calendar, as follows: 

By Senator Rauch for the Finance Committee: 

S.B. 1359, a bill to update the reference to the Internal Revenue Code used to 
determine certain taxable income and tax exemptions and to adopt the federal stan- 
dard deduction and personal exemption amounts for 1990, with an unfavorable report 
as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Rauch, the rules are suspended, and the Committee Substi- 
tute bill, which changes title to read, S.B. 1359 (Committee Substitute), a bill to 
update the reference to the Internal Revenue Code used to determine certain taxable 
income and tax exemptions, to amend the Tax Fairness Act of 1989 to provide transi- 
tional adjustments relating to Subchapter S Corporations and depreciation deductions, 
to adopt the federal standard deduction and personal exemption amounts for 1990, to 
correct an error that inadvertently disallowed deductions for some mortgage interest 
payments, and to provide additional tax relief for taxpayers with dependents who are 
permanently and totally disabled, is placed before the Senate for immediate considera- 
tion. 

On motion of Senator Rauch, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Monday, June 11. 



June 6, 1990 



50 SENATE JOURNAL [Second Session 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions filed for introduction are presented to the Senate. 

Senator Barnes offers a motion to the end that bills and resolutions filed for intro- 
duction and presented to the Senate be referred to committee upon the completion of 
today's Calendar, which motion prevails. 

CALENDAR - o,- ^ 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 1510, a bill to remove the authority of the City of New Bern to annex involun- 
tarily, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 43, noes 1, as follows: 

Voting in the affirmative: Senators Ballance, Barker, Barnes, Basnight, Block, 
Carpenter, Chalk, Cochrane, Conder, Daughtry, Goldston, Guy, Hardin, Harris, 
Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Lee, 
Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, 
Raynor, Richardson, Royall, Shaw, Sherron, Simpson, Smith, Soles, Speed, Swain, 
Tally, Walker, Ward, Wilson, and Winner— 43. 

Voting in the negative: Senator Bryan — 1. 

The bill is ordered without objection, sent to the House of Representatives by special 
messenger. 

S.B. 1376, a bill amending G.S. 40A-3, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Ballance, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daughtry, Goldston, Guy, Hardin, 
Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, Lee, 
Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, 
Raynor, Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Swain, Tally, Walker, Ward, and Winner— 43. v 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, June 7, for further consid- 
eration, upon third reading. 

S.B. 1346, a bill to reduce the terms of Charlotte Housing Authority Commission- 
ers from five years to three years. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1358, a bill to allow the City of Asheboro to lease airport property for an 
additional period without competitive bid. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1371, a bill to allow Henderson County to name private roads in unincor- 
porated areas. 

On motion of Senator Sands, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings and is ordered engrossed 
and sent to the House of Representatives. 

S.B. 1375, a bill amending Chapter 296 of the Public-Local Laws of 1939, As 
Amended. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 



June 6, 1990 



1990] SENATE JOURNAL 51 

S.B. 1404, a bill to require consent of the Rockingham County Board of Commis- 
sioners before land in that County may be condemned or acquired by a unit of local 
government outside Rockingham County. 

On motion of Senator Sands, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings and is ordered engrossed 
and sent to the House of Representatives. 

H.B. 1291 (Senate Committee Substitute), a bill concerning administration of 
small estates by the Clerk of Superior Court and a related provision of the Inheritance 
Tax Law. 

The Senate Committee Substitute bill passes its second (48-0) and third readings 
and is ordered sent to the House of Representatives, for concurrence in the Senate 
Committee Substitute bill. 

H.B. 1030 (Committee Substitute), a bill to amend the Statutes regulating bingo, 
upon third reading. 

Senator Winner offers Amendment No. 1. 

On motion of Senator Odom, further consideration of the Committee Substitute bill, 
with Amendment No. 1 pending, is postponed until tomorrow, June 7. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

Pursuant to the motion offered earlier by Senator Barnes, bills and resolutions filed 
for introduction are read the first time and disposed of, as follows: 

By Senators Basnight, Conder, Martin of Pitt, Marvin, Walker, and Ward: 
S.B. 1548, a bill to appropriate funds to implement a salary reclassification for 
school psychologists. 

Referred to Appropriations Committee. 

By Senators Walker, Richardson, Lee, Marvin, and Hunt of Durham: 
S.B. 1549, a bill to remove barriers to use of the Food Stamp Program and to 
appropriate funds. 

Referred to Human Resources Committee and upon a favorable report re- 
referred to Appropriations Committee. 

By Senators Walker, Harris, Hunt of Durham, Lee, Marvin, and Richardson: 
S.B. 1550, a bill to appropriate funds to increase the 1989 Medicaid and Aid to 
Families with Dependent Children income eligibility standards. 
Referred to Appropriations Committee. 

By Senators Walker, Harris, Lee, Marvin, and Richardson: 

S.B. 1551, a bill to appropriate funds for HUD Group Homes for the developmen- 
tally disabled. 

Referred to Appropriations Committee. 

By Senator Walker: 

S.B. 1552, a bill to increase the annual fee paid by persons licensed to construct 
and persons who operate nuclear facilities to the Department of Environment, Health, 
and Natural Resources for planning and implementing emergency response activities. 

Pursuant to Resolution 34, the bill is ordered held as filed in the Office of the Princi- 
pal Clerk. 

By Senator Block: 

S.B. 1553, a bill to appropriate funds to establish a permanent facility for the Ma- 
ple Hill Medical Center. 

Referred to Appropriations Committee. 



June 6, 1990 



52 SENATE JOURNAL [Second Session 

By Senator Block: 

S.B. 1554, a bill to appropriate funds to include the Yahweh Center, Inc., of Wil- 
mington, as a private child caring institution receiving a State grant-in-aid. 
Referred to Appropriations Committee. 

By Senator Block: 

S.B. 1555, a bill to ensure access to public higher education for North Carolinians 
with proven ability to learn. 

Referred to Higher Education Committee and upon a favorable report re- 
referred to Appropriations Committee. 

By Senator Block: 

S.B. 1556, a bill to appropriate funds to the Hospital Hospitality House of Wil- 
mington, Inc., for the expansion of its facility. 
Referred to Appropriations Committee. 

By Senator Block: 

S.B. 1557, a bill to appropriate funds to Pender County for a recreation hall at the 
Currie Community Center. 

Referred to Appropriations Committee. 

By Senator Rauch: 

S.B. 1558, a bill to provide funds for the North Carolina Energy Assurance Study 
Commission. v :,^ 

Referred to Appropriations Committee. ' jt' 

By Senators Rauch and Walker: 

S.B. 1559, a bill to support local health programs through an increase in the license 
tax on food and lodging facilities. 
Referred to Finance Committee. 

,■'- ■;■ ■'. . ■, j'" . ........ ^ ■- 

By Senator Marvin: 

S.J.R. 1560, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to amend the exceptional children's ap- 
peals process, to preserve federal funds, and to save the State replacement funds. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Guy, Bryan, Raynor, Speed, Staton, and Tally: ' 
S.B. 1561, a bill to provide that retired military personnel and federal employees 
may demand tax refunds for the 1988 tax year on or before December 31, 1990. 
Referred to Finance Committee. 

By Senator Barker: 

S.B. 1562, a bill to lease a portion of Radio Island to Carteret County for recrea- 
tional use. 

Referred to Marine Resources and Wildlife Committee. 

By Senator Sands: 

S.B. 1563, a bill to provide a sales tax exemption for certain health products sold to 
patients by health practitioners. 
Referred to Finance Committee. 

By Senators Plyler and Conder: 

S.B. 1564, a bill to make a clarifying change to the State-administered Retirement 
System. 

Referred to Pensions and Retirement Committee. 

By Senator Royall: 

S.B. 1565, a bill to make administrative changes and clarifications, to modify part- 
time and temporary employee coverages, to provide benefits for general health 



June 6, 1990 



1990] SENATE JOURNAL 53 

physical examinations and immunizations, and to provide long-term care benefits in 
the Teachers' and State Employees' Comprehensive Major Medical Plan. 
Referred to Appropriations Committee. 

By Senators Kincaid and Kaplan: 

S.R. 1566, a Senate simple resolution honoring the State Capitol's architects on its 
One Hundred Fiftieth Anniversary. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Conder, Johnson of Wake, Lee, Plyler, Sherron, Staton, and Walker: 
S.B. 1567, a bill to clarify the size of the site selected as the preferred site for the 
low-level radioactive waste disposal facility, to appropriate additional funds to assure 
that the facility is properly sized, and to impose a tax for the privilege of using a low- 
level radioactive waste facility operated pursuant to Chapter 104G of the General Stat- 
utes. 

Referred to Environment and Natural Resources Committee and upon a 
favorable report re-referred to Finance Committee and upon a favorable report 
re-referred to Appropriations Committee. 

By Senators Barker, Basnight, Carpenter, Daniel, Hardin, Martin of Pitt, Parnell, 
and Richardson: 

S.B. 1568, a bill to provide that prisoners incarcerated in the State prison system 
shall be required to reimburse the State for the cost of their incarceration. 

Referred to Judiciary III Committee. 

By Senator Winner: 

S.B. 1569, a bill to make appointments to public office upon the recommendation 
of the President Pro Tempore of the Senate. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Royall: 

S.B. 1570, a bill to implement the joint report to provide management incentives 
and flexibility for the constituent institutions of the University of North Carolina. 

Referred to Higher Education Committee and upon a favorable report re- 
referred to Appropriations Committee. 

By Senator Royall: 

S.B. 1571, a bill to make various changes in the budget operation of the State. 

Referred to Appropriations Committee. 

By Senator Royall: 

S.B. 1572, a bill to authorize the issuance of bonds to benefit the people of North 
Carolina. 

Referred to Finance Committee. 

By Senators Marvin, Ballance, Basnight, Daniel, Martin of Guilford, Parnell, and 
Sands: 

S.B. 1573, a bill to appropriate funds to the Department of Justice to establish 
twenty new SBI agent positions, to fund seven new positions in the Special Prosecution 
Division, to complete implementation of the DARE program Statewide, and to assist 
with the expenses of coordinating multijurisdictional task forces. 

Referred to Appropriations Committee. 

By Senator Block: 

S.B. 1574, a bill to establish a license to sell fish, levy a fee for the license, and 
provide that the receipts be deposited in the General Fund. 

Referred to Marine Resources and Wildlife Committee and upon a favorable 
report re-referred to Finance Committee. 



June 6, 1990 



54 SENATE JOURNAL [Second Session 

By Senators Martin of Guilford and Marvin: 

S.B. 1575, a bill to levy an individual income tax surtax of four-tenths of one per- 
cent in order to generate funds for educational equity grants and for State programs 
relating to health, social services, need-based scholarships, and indigent counsel fees. 

Referred to Finance Committee. 

By Senators Martin of Guilford and Marvin: 

S.B. 1576, a bill to appropriate funds for various Statewide projects. 

Referred to Appropriations Committee. 

By Senators Martin of Guilford, Ballance, Guy, Hunt of Durham, Lee, Rauch, 
Richardson, Shaw, Staton, and Walker: 

S.B. 1577, a bill to appropriate funds to promote the development of minority, 
small businesses and other community economic development through the support of 
community development corporations. 

Referred to Appropriations Committee. 

By Senator Rauch: 

S.B. 1578, a bill to appropriate funds to increase State involvement in child care 
and to reexamine child care funding formulae. 

Referred to Appropriations Committee. ' 

By Senator Block: 

S.B. 1579, a bill to stagger further the terms served by members of the Board of the 
State Ports Authority, to eliminate the Governor's ability to remove members of the 
Board of the State Ports Authority without cause, and to appropriate funds for the 
establishment of an air freight development office within the State Ports Authority. 

Referred to State Government Committee and upon a favorable report re- 
referred to Appropriations Committee. 

By Senators Shaw, Carpenter, and Wilson: 

S.B. 1580, a bill to provide for use of the proceeds of the controlled substance tax 
for law enforcement. 

Referred to Appropriations Committee. 

By Senators Daughtry, Carpenter, and Hardin: 
S.B. 1581, a bill to enact the 1990 Omnibus Drug Act. 

Pursuant to Resolution 34, the bill is ordered held as filed in the Office of the Princi- 
pal Clerk for receipt of a fiscal note. 

By Senators Carpenter, Staton, and Cochrane: 

S.B. 1582, a bill to authorize the issue of general obligation bonds of the State of 
North Carolina to meet infrastructure needs. 
Referred to Finance Committee. 

By Senator Staton: 

S.B. 1583, a bill to establish fees for processing applications for permits and to 
improve permit processing and compliance under the Coastal Management Act. 
Referred to Finance Committee. 

By Senators Sherron and Staton: 

S.B. 1584, a bill to extend coverage under the Disability Income Plan of North 
Carolina to participants who are on an employer approved leave of absence and in 
receipt of workers' compensation benefits. 

Referred to Pensions and Retirement Committee. 



June 6, 1990 



1990] SENATE JOURNAL 55 

By Senator Royall: 

S.B. 1585, a bill to place a one-year moratorium on the siting and licensing of a 
hazardous waste facility operated pursuant to Chapter 130B of the General Statutes 
and to appropriate funds to further evaluate the proposed site in Granville County. 

The bill is filed in error. 

By Senators Royall and Rauch: 

S.B. 1586, a bill to accelerate the payment of sales taxes and gross receipts taxes 
by utilities and to accelerate the payment of withheld individual income taxes by em- 
ployers. 

Referred to Finance Committee. 

> By Senator Barker: 

S.B. 1587, a bill to improve the procedure for collecting debts owed the State by 
setting off the debts against tax refunds. 

Referred to Finance Committee. 

By Senator Daniel: 

S.B. 1588, a bill to simplify the privilege license tax on restaurants. 

Referred to Finance Com.mittee. 

By Senator Daniel: 

S.B. 1589, a bill to amend the Commercial Driver's License Act. 

Referred to Finance Committee. 

By Senator Ezzell: 

S.J.R. 1590, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to prohibit the sale of nonprescription drugs 
and medical testing products at flea markets. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Marvin: 

S.B. 1591, a bill to appropriate funds to the Administrative Office of the Courts, to 
extend the terms of certain special Superior Court Judges, and to clarify provisions 
regarding the appointment of a guardian ad litem. 

Referred to Appropriations Committee. 

By Senator Marvin: 

S.J.R. 1592, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to authorize the Department of Justice to 
charge dormitory fees at the North Carolina Justice Academy. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Martin of Pitt, Parnell, Plyler, and Soles: 

S.B. 1593, a bill to appropriate funds for the Industrial Economic Development 
Fund. 

Referred to Appropriations Committee. 

By Senator Martin of Pitt: 

S.B. 1594, a bill to allow private funds to be used for the costs of publishing and 
distributing information aimed at encouraging economic development in North Caro- 
lina. 

Pursuant to Resolution 34, the bill is ordered held as filed in the Office of the Princi- 
pal Clerk. 



June 6, 1990 



56 SENATE JOURNAL [Second Session 

By Senator Royall: 

S.B. 1595, a bill to clarify the requirement that a site for a hazardous waste facility 
operated pursuant to Chapter 130B of the General Statutes be accessible to the Inter- 
state Highway System by a four-lane highway. 

Referred to Environment and Natural Resources Committee and upon a 
favorable report re-referred to Appropriations Committee. 

By Senator Block: 

S.J.R. 1596, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to levy a one-time assessment on insurers 
that support the Mutual Workers' Compensation Security Fund. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Bryan, Allran, Cochrane, and Smith: *.' ^'i 

S.B. 1597, a bill to prohibit the siting of a hazardous waste facility operated pursu- 
ant to Chapter 130B of the General Statutes within any county in which forty million 
pounds or more of raw milk is produced annually. 

Referred to Environment and Natural Resources Committee and upon a 
favorable report re-referred to Appropriations Committee. 

By Senator Marvin: 

S.B. 1598, a bill to increase the retirement formula for members and beneficiaries 
of the Teachers' and State Employees' Retirement System and the Local Governmen- 
tal Employees' Retirement System, and to provide a cost-of-living increase to retirees 
of the Teachers' and State Employees' Retirement System, the Consolidated Judicial 
Retirement System, the Legislative Retirement System, and the Local Governmental 
Employees' Retirement System. 

Referred to Pensions and Retirement Committee and upon a favorable report 

re-referred to Appropriations Committee. 

^•■.'■.- ', ' ■) .\ii" '\ 

By Senators Martin of Pitt and Taft: 

S.B. 1599, a bill to amend Section 92 of Chapter 752 of the 1989 Session Laws and 
to appropriate funds for the MRI unit at the East Carolina University School of Medi- 
cine. ^ ; 

Referred to Appropriations Committee. 

By Senator Basnight: m 

S.B. 1600, a bill to create the Economic Future Study Commission. . ^ 

Referred to Appropriations Committee. 

Senator Rauch announces a meeting of the Finance Committee during recess. 

On motion of Senator Barnes, the Senate stands in recess from 1:45 P.M. until 
2:45 P.M. for the purpose of the Finance Committee meeting. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable James 
C. Gardner, Lieutenant Governor. i^ 

RE-REFERRAL 

S.B. 1492, a bill to amend the Zoning Enabling Act to authorize Orange County to 
grant density bonuses and other incentives for developers of housing for persons of low 
or moderate income. 

Without objection, on motion of Senator Winner, the Committee Substitute bill is 
taken from the Finance Committee and is re-referred to the Local Government 
and Regional Affairs Committee. 



June 6, 1990 



1990] . SENATE JOURNAL 57 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.B. 625 House of Representatives 

(Committee Substitute) June 6, 1990 

Mr. President: 

It is ordered that a message be sent your Honorable Body that the House of Repre- 
sentatives is honoring your request and is returning SB 625 (Comm. Sub.) "A BILL 
TO BE ENTITLED AN ACT TO REPEAL A LOCAL ACT FREEZING THE 
BOUNDARIES OF THE MONROE CITY SCHOOL ADMINISTRATIVE UNIT", 
for further consideration by the Senate. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 

On motion of Senator Plyler the Committee Substitute bill is recommitted to the 
Local Government and Regional Affairs Committee. 

REPORTS OF COMMITTEES 

The following standing committee report is submitted out of the regular order of 
business, read by its title, together with the report accompanying it, and takes its 
place on the Calendar, as follows: 

By Senator Rauch for the Finance Committee: 

S.B. 1586, a bill to accelerate the payment of sales taxes and gross receipts taxes 
by utilities and to accelerate the payment of withheld individual income taxes by em- 
ployers, with a favorable report, as amended. 

On motion of Senator Rauch, the rules are suspended, and the bill, which is ruled a 
roll-call measure, is placed before the Senate for immediate consideration, upon sec- 
ond reading. 

On motion of Senator Rauch, Committee Amendment No. 1 is adopted (42-0) and 
Committee Amendment No. 2 is adopted (42-0), and are held to be material. 

The adoption of the Amendments constitute the first reading of the measure, and 
Senator Rauch offers a motion that the bill be engrossed and placed on the Calendar 
for tomorrow, which motion prevails. The bill is placed on the Calendar for Thurs- 
day, June 7, upon second reading. 

On motion of Senator Barnes, seconded by Senator Harris, the Senate adjourns at 
3: 10 P.M. in honor of the brave men and women who fought in World War II and in 
honor of D-Day, June 6, 1944, to meet tomorrow, June 7, at 1:00 P.M. 



ONE HUNDRED FORTIETH DAY 

Senate Chamber, 
^ Thursday, June 7, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 



June 7, 1990 



58 SENATE JOURNAL [Second Session 

Prayer is offered by the Reverend Randy Cox, Minister of the First Free Will Baptist 
Church, Raleigh, as follows: 

"Father, thank You for ordaining three institutions for the good of mankind, the 
home, church, and government. Bless these Senators who sit in the seat of govern- 
ment that in their deliberations and actions they may do good according to Your stan- 
dard the Bible, the Word of God. Then we know that the result upon those affected 
will be good. Good is right, and You are glorified in good. In Jesus' name we pray. 
Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
June 6, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for today to Senator Swain, due to a doctor's 
appointment and to Senator Guy. 

On motion of Senator Barnes, Kalliope Bakirdzi, Press Secretary for the Alliance of 
Free Democrats in Budapest, Hungary, is granted courtesies of the floor. Ms. 
Bakirdzi is a participating fellow in the North Carolina Partners for Democracy Foun- 
dation and is interning for the day in the Office of the Principal Clerk. 

The Chair grants courtesies of the gallery and recognizes the recipients of the North 
Carolina Folk Heritage Awards: Cleonia Graves, Connie Steadman, Celester Sellars, 
Walker Calhoun, Earnest East, Benton Flippen, Wilma McNabb, Dellie Norton, and 
Sally Parnell. 



ADDITIONAL ENDORSEMENTS 

The following Senator requests to be recorded endorsing bills previously introduced: 

By Senator Taft: 

S.B. 1499, a bill to provide sentencing judges with the discretion to suspend a sen- 
tence to a term of imprisonment and place a youthful offender on probation, with the 
condition that the offender complete the IMPACT program. 

S.B. 1500, a bill to create a Sentencing and Policy Advisory Commission and to 
establish a uniform standard for the development of criminal justice policy. 

S.B. 1501, a bill to amend the Constitution to expand the punishments for convic- 
tion of a crime and to amend Statutes allowing good time deductions from prison or 
jail sentences. 

S.B. 1502, a bill to appropriate funds for the construction of additional prison beds, 
to replace aging prison facilities, and to raise the prison population cap. 

S.B. 1503, a bill to appropriate funds to expand the electronic surveillance and 
intensive supervision programs. 

S.B. 1504, a bill to provide for the development of a pilot program at a private 
alcohol and drug abuse detention center, to make stipulations on satellite jail funding 
and community penalties programs, and to provide funds for private sector corrections 
pilot programs. 

S.B. 1505, a bill to create and appropriate funds for the Criminal Justice Facility 
Fund. 



June 7, 1990 



1990] SENATE JOURNAL 59 

S.B. 1506, a bill to allow judges to use house arrest as a condition of special proba- 
tion in certain DWI cases. 

S.B. 1507, a bill to appropriate funds to raise the per diem payments for State 
inmates in county jails. 

S.B. 1508, a bill to provide that both felons and misdemeanants shall be eligible for 
intensive probation. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Plyler, Allran, Ballance, Barker, Barnes, Basnight, Bryan, Carpenter, 
Chalk, Cochrane, Conder, Daniel, Daughtry, Goldston, Guy, Hardin, Harris, Hunt 
of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, 
Martin of Guilford, Marvin, Murphy, Odom, Parnell, Rauch, Raynor, Richardson, 
Royall, Sands, Sherron, Simpson, Smith, Soles, Speed, Swain, Taft, Tally, Walker, 
Ward, Wilson, and Winner: 

S.J.R. 1601, a joint resolution honoring the life and memory of Fred Moore Mills, 
Jr. 

Pursuant to Resolution 34, the joint resolution is ordered held as filed in the Office 
of the Principal Clerk. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 1376, a bill amending G.S. 40A-3, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Basnight, Block, Bryan, Car- 
penter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, Hardin, Har- 
ris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Lee, 
Martin of Guilford, Marvin, Odom, Parnell, Plyler, Rauch, Royall, Sands, Shaw, 
Sherron, Simpson, Smith, Soles, Speed, Staton, Taft, Tally, Walker, Ward, Wilson, 
and Winner — 42. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 1586, a bill to accelerate the payment of sales taxes and gross receipts taxes 
by utilities and to accelerate the payment of withheld individual income taxes by em- 
ployers, as amended, upon second reading. 

Senator Royall offers Amendment No. 3, which is adopted (43-0). 

The bill passes its second reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, 
Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, 
Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Odom, Parnell, Plyler, 
Rauch, Royall, Sands, Sherron, Simpson, Smith, Soles, Speed, Staton, Taft, Tally, 
Walker, Ward, Wilson, and Winner— 43. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for Monday, June 11, for 
further consideration, upon third reading. 

H.B. 1030 (Committee Substitute), a bill to amend the Statutes regulating bingo, 
with Amendment No. 1 pending, upon third reading. 

Without objection, on motion of Senator Block, the Committee Substitute bill with 
Amendment No. 1 pending, is placed on the Calendar for the next legislative day. 



June 7, 1990 



60 SENATE JOURNAL [Second Session 

WITHDRAWAL FROM COMMITTEE 

H.J.R. 2098, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a joint resolution honoring the life and memory of John Knox 
McNeill, Jr., former Mayor of the City of Raeford, and recognizing the celebration of 
National Turkey Lovers' Month in his honor. 

On motion of Senator Winner, the rules are suspended (45-0), and the joint resolu- 
tion is taken from the Rules and Operation of the Senate Committee and is 
placed before the Senate for immediate consideration. 

The joint resolution passes its second (45-0) and third readings and is ordered en- 
rolled. 

REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Staton for the Banks and Thrift Institutions Committee: 

S.B. 1354, a bill to regulate refund anticipation loans, with a favorable report. 
On motion of Senator Staton, the bill is re-referred to the Finance Committee 

S.B. 1349, a bill to reduce from five years to three years the moratorium on acqui- 
sition of a North Carolina bank or savings association by an out-of-state institution, 
with a favorable report, as amended. 

S.B. 1350, a bill to make technical and conforming changes to the savings institu- 
tions law, with a favorable report, as amended. 

On motion of Senator Barnes, seconded by Senator Johnson of Wake, the Senate 
adjourns at 1:35 P.M. to meet Monday, June 11, at 8:00 P.M. 



ONE HUNDRED FORTY-FIRST DAY 

Senate Chamber, 
Monday, June 11, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Father, freedom is a word we often use, and it is at the core of our government in 
this State and in this nation. Please do not let us take this gift for granted, instead 
remind us that there are people in the world today who are tasting the fruits of political 
freedom for the first time in decades. Help them as they struggle with the responsibili- 
ties that freedom brings. 

"Yet, remind us that even as we stand here, in Your presence at this moment, op- 
pression still exists, officially and unofficially, all over the world. 

"While, we do have our own set of problems to solve. Father, help us to keep them 
in perspective. Thank You that among the problems we face today, a lack of freedom 
is not among them. Enable us to use the freedom You have given us in the service of 



June 11, 1990 



1990] SENATE JOURNAL 61 

others. For where a willingness to serve others is not, neither is there freedom. 
Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of Thursday, 
June 7, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 



^ REPORTS OF COMMITTEES 

Bills are reported from standing committee, read by their titles, together with the 
report accompanying them, and take their place on the Calendar, as follows: 

By Senator Harris for the Human Resources Committee: 

S.B. 1444, a bill to appropriate State funds for community action agencies and to 
permit the use of Community Service Block Grant funds for the administration of com- 
munity action agency programs, with a favorable report. 

On motion of Senator Harris, the bill is re-referred to the Appropriations Com- 
mittee. 

S.B. 1549, a bill to remove barriers to use of the Food Stamp Program and to 
appropriate funds, with a favorable report. 

On motion of Senator Harris, the bill is re-referred to the Appropriations Com- 
mittee. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following resolution filed for introduction is presented to the Senate, read the 
first time, and disposed of as follows: 

By Senators Plyler, Johnson of Wake, Harris, Conder, and Richardson: 
S.J.R. 1602, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to consolidate, clarify, and improve the 
Statutes relating to railroad/motor vehicle safety. 

Referred to Rules and Operation of the Senate Committee. 



SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H.J.R. 2096, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to limit to four years service of the Speaker 
and Speaker Pro Tempore of the House of Representatives. 

Referred to Rules and Operation of the Senate Committee. 

H.J.R. 2177, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to increase the maximum fine for parking 
in a handicapped parking space. 

Referred to Rules and Operation of the Senate Committee. 

H.J.R. 2178, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to encourage appointments to the State 
Board of Cosmetic Art Examiners that are representative of the licensed cosmetologist 
profession. 

Referred to Rules and Operation of the Senate Committee. 



June 11, 1990 



62 SENATE JOURNAL [Second Session 

H.J.R. 2194, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a joint resolution honoring the life and memory of Samuel Benjamin 
Frink, former member of the General Assembly. 

Referred to Rules and Operation of the Senate Committee. 

H.J.R. 2230, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to authorize creation of county recreation 
and security service districts. 

Referred to Rules and Operation of the Senate Committee. 

H.J.R. 2240, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to extend to two years the time period for 
which victims ten years old or younger may receive compensation for economic loss 
from the Victims Compensation Fund. 

Referred to Rules and Operation of the Senate Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 2040, a bill to remove the percentage area limitation on voluntary satellite 
annexations by the City of States ville. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 2063, a bill to amend the law protecting migratory wildfowl in Currituck 
Sound and its tributaries. 

Referred to Marine Resources and Wildlife Committee. 

H.B. 2064, a bill to add two members to the Board of Education of Dare County 
and to provide for the election of the members of said Board. 
Referred to Education Committee. 

H.B. 2065, a bill to repeal the prohibition on bear hunting in Dare County and to 
authorize the establishment of seasons for hunting black bears in Dare County. 
Referred to Marine Resources and Wildlife Committee. 

H.B. 2099, a bill to amend Chapter 1073 of the 1959 Session Laws to provide that 
the sheriff issue Pender County weapon permits. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 2120, a bill to allow the Davie County Board of County Commissioners to 
increase the extraterritorial planning jurisdiction of the Town of Mocksville within 
Davie County out to two miles beyond the corporate limits. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 2121, a bill to authorize the Board of Commissioners of Davie County to 
adopt an ordinance prohibiting the discharge of firearms or pellet guns from the road- 
ways and rights-of-way in Davie County. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 2123, a bill to allow Henderson County to name private roads in unincor- 
porated areas. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 2124, a bill to make a technical correction in a 1987 act which regulated the 
shining of lights in deer areas in the Counties of Bertie and Madison. 
Referred to Marine Resources and Wildlife Committee. 



June 11. 1990 



1990] M SENATE JOURNAL 63 

H.B. 2128, a bill to require consent of the Rockingham County Board of Commis- 
sioners before land in that County may be condemned or acquired by a unit of local 
government outside Rockingham County. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 2131, a bill to prohibit the discharge of a firearm from certain roads in Mar- 
tin County and to regulate the discharge of a rifle of greater than . 22 calibers in Martin 
County. 

Referred to Marine Resources and Wildlife Committee. 

H.B. 2132, a bill to allow the Town of Kernersville to dispose of certain real prop- 
erty by private negotiation and sale. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 2134, a bill to authorize the City of Burlington to convey a tract of land to 
Habitat for Humanity, at private sale. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 2135, a bill to authorize the City of Burlington to convey a tract of land to 
Ralph Scott Group Homes, Inc., at private sale. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 2152, a bill to authorize the City of Greenville to increase the number of 
Parking Authority Commissioners. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 2153, a bill to change the responsibility for appointing and supervising the 
City Clerk and City Treasurer (Finance Director) of the City of Statesville from the 
Council to the Manager. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 2159, a bill to add Mitchell County to the areas covered by the Statewide Fox 
Management Plan. 

Referred to Marine Resources and Wildlife Committee. 

H.B. 2161 (Committee Substitute), a bill to authorize the City of Oxford, North 
Carolina, to dispose of property by private sale in connection with lease-purchase ar- 
rangements for converting the D.N. Hix School complex into a city hall and fire 
house, and to allow McDowell County to reconvey property it obtained without mone- 
tary consideration because such property is not needed for the purpose it was acquired. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 2170, a bill to revise and consolidate the Charter of the Town of Chadbourn. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 2199, a bill to prohibit the discharge of firearms on or across any highway in 
Watauga County. 

Referred to Marine Resources and Wildlife Committee. 

H.B. 2220, a bill to establish fox seasons in Anson County. 
Referred to Marine Resources and Wildlife Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 250 House of Representatives 

(Committee Substitute) June 6, 1990 

Mr. President: j 

It is ordered that a message be sent your Honorable Body with the information that 
the House fails to concur in the Senate amendment to Comm. Sub. H.B. No. 250, A 



June 11, 1990 



64 SENATE JOURNAL [Second Session 

BILL TO BE ENTITLED AN ACT TO CLARIFY THE DEFINITION OF NE- 
GLECTED CHILD WITHIN THE JUVENILE JURISDICTION OF THE DISTRICT 
COURT, and requests conferees. The Speaker has appointed Representatives Barnes, 
Stam and S. Thompson, on the part of the House to confer with a like committee 
appointed by the Senate to the end that the differences arising may be adjusted. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 



ENROLLED BILLS 

The Enrolling Clerk reports the following resolution properly enrolled, and it is duly 
ratified and sent to the office of the Secretary of State: 

H.J.R. 2098, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a joint resolution honoring the life and memory of John Knox 
McNeill, Jr. , former Mayor of the City of Raeford, and recognizing the celebration of 
National Turkey Lovers' Month in his honor. (Res. 36) 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 1359 (Committee Substitute), a bill to update the reference to the Internal 
Revenue Code used to determine certain taxable income and tax exemptions, to 
amend the Tax Fairness Act of 1989 to provide transitional adjustments relating to 
Subchapter S Corporations and depreciation deductions, to adopt the federal standard 
deduction and personal exemption amounts for 1990, to correct an error that inadver- 
tently disallowed deductions for some mortgage interest payments, and to provide ad- 
ditional tax relief for taxpayers with dependents who are permanently and totally dis- 
abled, upon second reading. 

On motion of Senator Winner, consideration of the Committee Substitute bill is 
postponed until Tuesday, June 12. 

S.B. 1586, a bill to accelerate the payment of sales taxes and gross receipts taxes 
by utilities and to accelerate the payment of withheld individual income taxes by em- 
ployers, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 45, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Cochrane, Conder, Daughtry, Ezzell, Goldston, Guy, Har- 
din, Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kin- 
caid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, 
Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, Sherron, Smith, Soles, 
Speed, Staton, Tally, Walker, Ward, Wilson, and Winner— 45. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representa- 
tives. 

S.B. 1349, a bill to reduce from five years to three years the moratorium on acqui- 
sition of a North Carolina bank or savings association by an out-of-state institution. 

On motion of Senator Staton, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (44-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 



June 11, 1990 



1990] SENATE JOURNAL 65 

S.B. 1350, a bill to make technical and conforming changes to the savings institu- 
tions law. 

On motion of Senator Staton, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (47-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

H.B. 1030 (Committee Substitute), a bill to amend the Statutes regulating bingo, 
upon third reading, with Amendment No. 1 pending. 

With unanimous consent, Senator Winner withdraws Amendment No. 1 and the 
question reverts to the passage of the Committee Susbstitute bill upon its third reading. 

Senator Winner offers Amendment No. 2 which is adopted (47-0). 

The Committee Substitute bill, as amended, passes its third reading (45-2) and is 
ordered sent to the House of Representatives, for concurrence in Senate Amendment 
No. 2. 



WITHDRAWALS FROM COMMITTEE AND RECONSIDERATION 

S.B. 647 (Committee Substitute), a bill to provide a means for financing all or part 
of a convention center in Charlotte, recalled from the House of Representatives on 
June 5 for further consideration and referred to the Finance Committee. 

Senator Rauch offers a motion that the Committee Substitute bill be taken from the 
Finance Committee and placed before the Senate for the purpose of offering a mo- 
tion to reconsider, which motion prevails. 

Senator Rauch offers a motion that the vote by which the Committee Substitute bill 
passed its third reading be reconsidered, which motion prevails. 

On motion of Senator Rauch, the Committee Substitute bill is recommitted to the 
Finance Committee. 

S.B. (525 (Committee Substitute) , a bill to repeal a local act freezing the boundaries 
of the Monroe City School Administrative Unit, recalled from the House of Represen- 
tatives for further consideration and referred to the Local Government and Re- 
gional Affairs Committee on June 6. 

Senator Sands offers a motion that the Committee Substitute bill be taken from the 
Local Government and Regional Affairs Committee and placed before the 
Senate for the purpose of offering a motion to reconsider, which motion prevails. 

Senator Sands offers a motion that the vote by which the Committee Substitute bill 
passed its third reading be reconsidered, which motion prevails. 

On motion of Senator Sands, the Committee Substitute bill is recommitted to the 
Local Government and Regional Affairs Committee. 



RE-REFERRAL 

S.B. 1543, a bill to clarify the authority of local school boards to select supplemen- 
tal instructional material, to clarify requirements concerning the development of differ- 
entiated pay plans, and to appropriate funds for the implementation of differentiated 
pay plans. 

On motion of Senator Conder, the rules are suspended, and the bill is taken from 
the Appropriations Committee and is recommitted to the Education Commit- 
tee. 



EXECUTIVE ORDERS 

An Executive Order received is presented to the Senate, read, and referred to com- 
mittee, as follows: (See Appendix) 



June 11, 1990 



66 SENATE JOURNAL [Second Session 

Executive Order Number 117, Amending Executive Order Number 108, to in- 
clude the Secretary of The Department of Revenue in the membership of the North 
Carolina Drug Cabinet. 

Referred to State Government Committee. 



REPORT FROM THE DEPARTMENT OF TRANSPORTATION 

Pursuant to Chapter 460 of the 1989 Session Laws, the Report from the Department 
of Transportation on Outdoor Advertising is presented to the Senate. 

The Senate accepts the Report, which is ordered placed on file in the Legislative 
Library. (See Addendum) 

The President recognizes the following pages serving in the Senate this week: 

Emily K. Adams, Boone; Jenna M. Baker, Belhaven; Allen P. Bennett, Charlotte; 
Tracy D. Bennett, Charlotte, Vanessa Calhoun, Monroe; Samuel M. Cone, Greens- 
boro; Thomas L. DeLeot, Winston-Salem; Courtney E. Edgerton, Garner; B.J. 
Faulk, Monroe; Steven Fowler, Zebulon; Jeaneal Guy, Jacksonville; Charles H. Har- 
ris, Greenville; Laura E. Hatley, Concord; James G. Herring Jr., Asheboro; Telley 
Hess, Salisbury; Roy E, High, Fayetteville; Bryson R. Koehler, Winston-Salem; 
Wayne Lassiter, Asheboro; Anthony S. Mahan, Burlington; David C. Martin, 
Winston-Salem; Aaron C. Mayer, Raleigh; Alyssa R. Miller, Asheville; Marcy A. 
Shavender, Belhaven; Michael Vinson, Fayetteville; Victoria L. Watchel, Raleigh; 
Jennifer Webb, Ellerbe; and Laura Wells, Winston-Salem. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.J.R. 2386, a joint resolution honoring the life and memory of John Knox 
McNeill, Jr., former Mayor of the City of Raeford, and recognizing the celebration of 
National Turkey Lovers' Month in his honor. 

On motion of Senator Parnell, the measure is placed on the Calendar for Monday, 
June 18. 

On motion of Senator Barnes, seconded by Senator Chalk, the Senate adjourns at 
8:50 P.M. to meet tomorrow, June 12, at 1:00 P.M. 



ONE HUNDRED FORTY-SECOND DAY 

Senate Chamber, 
Tuesday, June 12, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Henson P. Barnes, President Pro Tempore, in the absence of the President of the 
Senate. 

Prayer is offered by the Reverend Susan Moore, Minister of New Hope Methodist 
Church, Blanch, as follows: 

"Eternal God: We give Thee thanks this day for the opportunity to serve Thee. 
You have caused us to be those chosen to do Your work in this assembly. Keep us 



June 12, 1990 



1990] , SENATE JOURNAL 67 

ever mindful that this goodly land You have created does not belong to us, but rather 
we belong to her. From the ever-decreasing sands of the Outer Banks to the exalted 
beauty of our Highlands, our brothers and sisters look to us to lead, to choose, to 
establish. 

"Help us this day, O Lord, to establish justice and right that we may hear and 
honor, not only those who agree with us, but those who disagree as well. 

"Help us this day to lead this State that we and she might continue to be what is 
best, to be what is good, to be what is true, to be what is right, rather than only to 
seem. 

"Let us live this day, and all our days, ever heeding that still small voice that has 
echoed through the ages, 'Esse Quam Videri.' 

"For Thy Kingdom's sake. Amen." 

Senator Royall, Deputy President Pro Tempore, announces that the Journal of yes- 
terday, June 11, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for today to Senator Harris, due to a medi- 
cal emergency. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bill filed for introduction is presented to the Senate, read the first 
time, and disposed of as follows: 

By Senator Plyler: 

S.J.R. 1603, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to increase the fees that may be charged by 
State Board of Barber Examiners. 

Referred to Rules and Operation of the Senate Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 2047 (Committee Substitute), a bill to provide for direct conversion of a sav- 
ings institution to a bank and a bank to a savings institution. 
Referred to Banks and Thrift Institutions Committee. 

H.B. 2048 (Committee Substitute), a bill to make technical and conforming 
changes to the Savings Institutions Law. 

Referred to Banks and Thrift Institutions Committee. 

H.B. 2079, a bill to increase the maximum vehicle tax that can be levied in the 
Town of Ahoskie from five dollars to ten dollars. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

H.B. 2081, a bill to increase the maximum vehicle tax that can be levied in the 
City of Gastonia from five dollars to fifteen dollars. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

H.B. 2111, a bill to change the pay date for the Haywood County schools. 
Referred to Education Committee. 



June 12, 1990 



68 SENATE JOURNAL [Second Session 

H.B. 2185, a bill to increase the bond requirements for proprietary schools. 
Referred to Higher Education Committee. 

S.B. 1337 (House Committee Substitute), a bill to make various technical amend- 
ments to the General Statutes and to the Session Laws and for other purposes, for 
concurrence in the House Committee Substitute bill. 

Referred to Constitution Committee. 



INTRODUCTION OF BILLS 

Senator Winner offers a motion that bills ordered held as filed in the Office of the 
Principal Clerk pursuant to Resolution 34, be called from the Principal Clerk's Office, 
presented to the Senate, read the first time, and referred to committee, which motion 
prevails. Bills presented to the Senate are read the first time, and disposed of, as 
follows: 

S.B. 1420, a bill to establish fees for processing erosion control plan approvals 
under the Sedimentation Pollution Control Act. 

Referred to Environment and Natural Resources Committee and upon a 
favorable report re-referred to Finance Committee. 

S.B. 1425, a bill to establish fees for processing applications for permits and to 
improve permit processing and compliance under the Coastal Management Act. 

Referred to Environment and Natural Resources Committee and upon a 
favorable report re-referred to Finance Committee. 

S.B. 1437, a bill to levy a one-time assessment on insurers that support the Mutual 
Workers' Compensation Security Fund. 

Referred to Insurance Committee and upon a favorable report re-referred to 
Finance Committee. 

S.B. 1467, a bill to increase the fees that may be charged by the State Board of 
Barber Examiners. 

Referred to Finance Committee. ' 

S.B. 1533, a bill to authorize the Department of Justice to charge dormitory fees at 
the North Carolina Justice Academy. 
Referred to Finance Committee. 

S.B. 1552, a bill to increase the annual fee paid by persons licensed to construct 
and persons who operate nuclear facilities to the Department of Environment, Health, 
and Natural Resources for planning and implementing emergency response activities. 

Referred to Environment and Natural Resources Committee and upon a 
favorable report re-referred to Finance Committee. 

The President of the Senate, Lieutenant Governor Gardner, assumes the gavel. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bill and resolution properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 1352, an act to clarify use of the term "bank," "banking," "banker," or 
"trust" in connection with a business. (Ch. 805) 

S.J.R. 1377, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a joint resolution honoring the life and memory of Fred Moore Mills, 
Jr. (Res. 37) 



June 12, 1990 



1990] !-; SENATE JOURNAL 69 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 1359 (Committee Substitute), a bill to update the reference to the Internal 
Revenue Code used to determine certain taxable income and tax exemptions, to 
amend the Tax Fairness Act of 1989 to provide transitional adjustments relating to 
Subchapter S Corporations and depreciation deductions, to adopt the federal standard 
deduction and personal exemption amounts for 1990, to correct an error that inadver- 
tently disallowed deductions for some mortgage interest payments, and to provide ad- 
ditional tax relief for taxpayers with dependents who are permanently and totally dis- 
abled, upon second reading. 

Without objection on motion of Senator Winner, David Crotts, staff member of the 
Fiscal Research Department, is granted courtesies of the floor to advise in the expla- 
nation of the Committee Substitute bill. 

Senator Winner offers Amendment No. 1, held to be material, which is adopted 
(37-9), constituting the first reading of the measure. 

The Committee Substitute bill, as amended, is ordered placed on the Calendar for 
tomorrow, June 13, for further consideration, upon second reading. 

H.B. 1147 (Senate Committee Substitute), a bill to clarify that a joint tenancy with 
right of survivorship may be created if the right of survivorship is expressly provided for 
in the instrument creating the joint tenancy. 

On motion of Senator Block, the Senate Committee Substitute bill is postponed until 
tomorrow, June 13. 

APPOINTMENT OF CONFERENCE COMMITTEE 

H.B. 250 (Committee Substitute), a bill to clarify the definition of neglected child 
within the juvenile jurisdiction of the District Court. 

Pursuant to the message from the House of Representatives received Monday, June 
11, requesting conferees, Senator Johnson of Cabarrus offers a motion that the Senate 
do appoint conferees, which motion prevails. 

The President Pro Tempore appoints Senators Johnson of Cabarrus (Chairman), 
Marvin, and Walker as conferees on the part of the Senate to act with a like commit- 
tee from the House of Representatives to resolve the differences arising between the 
two Bodies. A message is ordered sent to the House of Representatives informing that 
Honorable Body of such action. 

RECALL FROM THE ENGROSSING OFFICE AND 
RECONSIDERATION 

Senator Staton offers a motion that S.B. 1349, a bill to reduce from five years to 
three years the moratorium on acquisition of a North Carolina bank or savings asso- 
ciation by an out-of-state institution, ordered engrossed yesterday, June 11, be re- 
called from the Engrossing Office for further consideration, which motion prevails, 
and the bill is presented to the Senate. 

Senator Staton offers a motion that the vote by which the bill, as amended, passed 
its third reading be reconsidered, which motion prevails. 

Senator Staton offers a motion that the vote by which the bill, as amended, passed 
its second reading be reconsidered, which motion prevails. 

Senator Staton further offers a motion that the vote by which Committee Amend- 
ment No. 1 was adopted be reconsidered, which motion prevails. 

On motion of Senator Staton and with unanimous consent. Committee Amendment 
No. 1 is withdrawn by the Chairman of the Banks and Thrift Institutions Com- 
mittee. 



June 12, 1990 



70 SENATE JOURNAL [Second Session 

Senator Staton, consequently, offers Amendment No. 2 which is adopted (46-0). 
The bill, as amended, passes its second (46-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

On motion of Senator Barnes, seconded by Senator Cochrane, the Senate adjourns 
at 1:37 P.M. to meet tomorrow, June 13, at 1:00 P.M. 



ONE HUNDRED FORTY-THIRD DAY 

Senate Chamber, 
' Wednesday, June 13, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Father, the world we live in has become an increasingly complex blend of techni- 
cal, economic, political and social realities. Decision making has become, at most 
levels, an overwhelming process. There are so many who need so much. Time is 
short. 

"You have said to us, 'those of you who labor and are burdened down, come to Me 
and I will give you rest.' Yet we say, how can we rest with so much to be done? 

"It is restful to know. Father, that while the demands of the world are many, Your 
requests of us, by comparison, are few: to act justly; to love mercy; to walk humbly 
with our God. 

"Help us to use these three requests from You as a means by which to sort out the 
demands placed upon us. Remind us that while what You ask of us is uncomplicated, 
it is the essential beginning point for all other decisions. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
June 12, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for today to Senators Harris, Johnson of 
Wake, and Royall. 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Winner for the Rules and Operation of the Senate Committee: 

S.J.R. 1436, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to provide that the governing body of a 
taxing unit may delay the accrual of interest on certain unpaid property taxes, with a 
favorable report. 

S.J.R. 1498, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to make releasing of motor vehicles unlaw- 
ful, with a favorable report. 



June 13. 1990 



1990] r i SENATE JOURNAL 7 1 

S.J.R. 1560, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to amend the exceptional children's ap- 
peals process, to preserve federal funds, and to save the State replacement funds, with 
a favorable report. 

H.J.R. 2053, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a joint resolution honoring the life and memory of Herbert Clifton 
Blue, former member of the General Assembly, with a favorable report. 

H.J.R. 2174, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to require that notice of liens for the cost 
and damages payable to the United States for the cleanup of any site covered by 
CERCLA/SARA be filed in the Office of the Clerk of Superior Court of the county in 
which the property is located, with a favorable report. 

H.J.R. 2177, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
\ sion, to consider a bill to be entitled an act to increase the maximum fine for parking 
in a handicapped parking space, with a favorable report. 

H.J.R. 2230, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to authorize creation of county recreation 
and security service districts, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Taft: 

S.J.R. 1604, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to provide the rules and procedures for 
municipal redistricting in 1991. 

Referred to Rules and Operation of the Senate Committee. 



MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 2044 (Committee Substitute), a bill to make a technical correction in the 
description of Lake Adger in a 1989 Act concerning a "slow-no-wake" area. 
Referred to Marine Resources and Wildlife Committee. 

H.B. 2060 (Committee Substitute), a bill to extend the season for hunting bear in 
certain areas of Gates County. 

Referred to Marine Resources and Wildlife Committee. 

H.B. 2075, a bill to authorize the Town of Cary to levy an occupancy tax. 
Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

H.B. 2101, a bill to annex certain described territory to the Town of Trent Woods, 
and providing that the general law on compensation of municipal officers shall apply. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 



June 13, 1990 



72 SENATE JOURNAL [Second Session 

H.B. 2119, a bill to authorize Davie County to levy a room occupancy and tourism 
development tax. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

H.B. 2133, a bill to transfer a tract of land from the corporate limits of the City of 
Burlington to the corporate limits of the Town of Elon College. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 1359 (Committee Substitute), a bill to update the reference to the Internal 
Revenue Code used to determine certain taxable income and tax exemptions, to 
amend the Tax Fairness Act of 1989 to provide transitional adjustments relating to 
Subchapter S Corporations and depreciation deductions, to adopt the federal standard 
deduction and personal exemption amounts for 1990, to correct an error that inadver- 
tently disallowed deductions for some mortgage interest payments, and to provide ad- 
ditional tax relief for taxpayers with dependents who are permanently and totally dis- 
abled, as amended, upon second reading. 

Following debate, on motion of Senator Taft, further consideration of the Commit- 
tee Substitute bill, as amended, is postponed until Tuesday, June 19 (47-0). 

H.B. 1147 (Senate Committee Substitute), a bill to clarify that a joint tenancy with 
right of survivorship may be created if the right of survivorship is expressly provided for 
in the instrument creating the joint tenancy. 

On motion of Senator Block, the Senate Committee Substitute bill is recommitted to 
the Judiciary HI Committee. 



REPORTS OF COMMITTEES 

The following standing committee report is submitted out of the regular order of 
business, read, together with the report accompanying it, and takes its place on the 
Calendar, as follows: 

Senator Odom, Chairman of the State Personnel Committee, submits the fol- 
lowing report: 



CONFIRMATION OF APPOINTMENT 
STATE PERSONNEL COMMISSION 

In compliance with the provisions of G.S. 126-2 requiring appointees to the State 
Personnel Commission to be confirmed by the General Assembly, Governor Martin 
has submitted his appointee, Robert M. Frazer, for confirmation. The Governor has 
appointed Mr. Frazer to replace Mr. Malachi Greene. His term will begin immedi- 
ately and will expire on June 30, 1995. 

The Senate Committee on State Personnel has considered the appointment and 
makes the following recommendation to the General Assembly: 

That the appointment of Robert M. Frazer to the State Personnel 
Commission beginning immediately and expiring June 30, 1995, be 
confirmed. 



June 13, 1990 



1990] : i . SENATE JOURNAL 73 

On motion of Senator Odom, the report is placed before the Senate for immediate 
consideration for confirmation. 

Senator Odom offers a motion that the Senate do confirm the appointment by the 
Governor of Robert M. Frazer to the State Personnel Commission, which motion pre- 
vails by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Hunt of Durham, Johnson of Cabarrus, Kaplan, Kincaid, 
Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, 
Rauch, Raynor, Richardson, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Staton, Swain, Taft, Tally, Walker, Ward, Wilson, and Winner— 47. 

Voting in the negative: None. 

The Chair orders a special message sent to the House of Representatives notifying 
that Honorable Body of the action of the Senate. 

APPOINTMENT BY THE GOVERNOR 

The Chair directs the Reading Clerk to read the following letter from the Governor: 

' STATE OF NORTH CAROLINA 

^ ^ ■■ - OFFICE OF THE GOVERNOR 

^ RALEIGH 27603-8001 

June 11, 1990 

The Honorable James C. Gardner 
Lieutenant Governor of North Carolina 
State Capitol Building 
Raleigh, North Carolina 27611 

Dear Lieutenant Governor Gardner: 

Pursuant to North Carolina General Statute 113-254, I hereby reappoint Kenny L. 
Daniels of Dare County as a member of the Atlantic States Marine Fisheries Commis- 
sion to serve a term beginning July 1, 1990 and expiring June 30, 1993, subject to 
confirmation by the North Carolina State Senate. Furthermore, I hereby submit his 
name to the Senate for confirmation. 

Sincerely, 

S/James G. Martin 
Governor 

Referred to Marine Resources and Wildlife Committee. 

RESOLUTIONS FROM OTHER STATES 

The following resolution is received from another legislative body, presented to the 
Senate, read, and ordered placed on file in the Office of the Principal Clerk: (See 
Addendum) 

Ohio House of Representatives House Concurrent Resolution Number 41, a resolu- 
tion Memorializing Congress to review the provisions of the Social Security Act known 
as the Social Security Offset and Windfall. 

REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 



June 13, 1990 



74 SENATE JOURNAL [Second Session 

By Senator Rauch for the Finance Committee: 

S.B. 1455, a bill to provide that an extension of time for filing an individual income 
tax return Is not an extension of time for paying the tax, with favorable report. 

S.B. 1525, a bill to authorize the construction and the financing, without appro- 
priations from the General Fund, of certain capital improvements projects of the con- 
stituent institutions of the University of North Carolina and the University of North 
Carolina Hospitals at Chapel Hill, with favorable report. 

On motion of Senator Rauch, the bill is re-referred to the Appropriations Com- 
mittee. ; 

S.B. 1526, a bill to amend the authorization for a wholly self-liquidating project for 
the University of North Carolina at Greensboro that was originally enacted by Chapter 
806 of the 1987 Session Laws and was amended by Chapter 995 of the 1987 Session 
Laws, with favorable report. 

On motion of Senator Rauch, the bill is re-referred to the Appropriations Com- 
mittee. 

S.B. 1464, a bill to provide that the North Carolina State Ports Authority may re- 
ceive refunds of sales and use taxes paid on direct purchases of tangible personal prop- 
erty, with a favorable report, as amended. 

On motion of Senator Rauch, the bill is re-referred to the Ways and Means 
Committee. 

S.B. 647 (Committee Substitute), a bill to provide a means for financing all or part 
of a convention center in Charlotte, with an unfavorable report as to Committee Sub- 
stitute bill No. 1, but favorable as to Committee Substitute bill No. 2. 

On motion of Senator Rauch, the rules are suspended, and the Committee Substi- 
tute bill No. 2 is placed before the Senate for immediate consideration and on his 
further motion the Committee Substitute bill No. 2 is adopted. 

On motion of Senator Rauch, the Committee Substitute bill No. 2, is placed on the 
Calendar for tomorrow, June 14, for further consideration. 

H.B. 1350 (Committee Substitute), a bill to extend to one year the time period in 
which a taxpayer may file for a refund of taxes paid when the taxpayer asserts a valid 
defense to the enforcement of the collection of the tax, with an unfavorable report as 
to Committee Substitute bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Rauch, the rules are suspended, and the Senate Committee 
Substitute bill which changes the title, upon concurrence, to read H.B. 1350 (Senate 
Committee Substitute) , a bill to extend to three years the time period in which a tax- 
payer may file for a refund of individual income taxes paid when the taxpayer asserts a 
valid defense to the enforcement of the collection of the tax, is placed before the Sen- 
ate for immediate consideration. 

On motion of Senator Rauch, the Senate Committee Substitute bill is adopted, and 
on his further motion is re-referred to the Ways and Means Committee. 

On motion of Senator Barnes, seconded by Senator Wilson, the Senate adjourns at 
1:49 P.M. to meet tomorrow, June 14, at 1:00 P.M. 



June 13, 1990 



1990] SENATE JOURNAL 75 

ONE HUNDRED FORTY-FOURTH DAY 

' Senate Chamber, 

Thursday, June 14, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Norman Whitney, Minister of Bethany Presbyte- 
rian Church, as follows: 

"Father, Your wisdom governs the universe and You have been pleased to share 
Your authority to govern with human beings. We thank You for Your presence in this 
place and pray that Your v/isdom would guide the work of this Senate, and that Your 
grace would bless the State of North Carolina. 

"We ask these things in our Lord's Name. Amen." 

In commemoration of this day set aside to honor the American flag and the princi- 
ples for which it stands, the President of the Senate directs the members to remain 
standing along with the visitors in the gallery and recognizes Senator Harris of Cleve- 
land who leads the pledge of allegiance to the United States of America. 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
June 13, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for today to Senator Smith, who is attending 
a meeting of the Southern Regional Education Board in Naples, Florida, and to Sena- 
tor Chalk, who is speaking at a meeting in Greensboro. 

REPORTS OF COMMITTEES 

The following bill is reported from a standing committee, read by its title, together 
with the report accompanying it, and takes its place on the Calendar, as follows: 

By Senator Tally for the Environment and Natural Resources Committee: 

S.B. 1406, a bill to delay the effective date of Chapter 372 of the 1989 Session 
Laws relating to the Wastewater Treatment Plant Operators Certification Commission 
and to provide for the study of the organization, functions, powers, and duties of the 
commission, with a favorable report. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills which are read the first time and disposed of as follows: 

H.B, 2114, a bill to allow Bladen County to acquire property for use by the Bladen 
and Columbus County Boards of Education. 
Referred to Education Committee. 

H.B. 2200, a bill to enable residents of the City of Mebane to fish without a hook 
and line fishing license within Lake Michael, a municipal water impoundment. 
Referred to Marine Resources and Wildlife Committee. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

June 14, 1990 



76 SENATE JOURNAL [Second Session 

S.B. 647 (Committee Substitute No. 2), a bill to provide a means for financing all 
or part of a convention center in Charlotte, upon second reading. 

The Committee Substitute bill No. 2 passes its second reading by roll-call vote, ayes 
44, noes 3, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Basnight, Block, 
Bryan, Carpenter, Conder, Daniel, Daughtry, Goldston, Guy, Hardin, Harris, Hunt 
of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Lee, Martin 
of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, 
Richardson, Royall, Sands, Sherron, Simpson, Soles, Speed, Staton, Swain, Taft, 
Tally, Walker, Ward, Wilson, and Winner— 44. 

Voting in the negative: Senators Cochrane, Ezzell, and Shaw — 3 

The Committee Substitute bill No. 2 is ordered placed on the Calendar for tomor- 
row, June 15, for further consideration, upon third reading. 



REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Barker for the Marine Resources and Wildlife Committee: 

S.B. 1479, a bill to enable residents of the City of Mebane to fish without a hook 
and line fishing license within Lake Michael, a municipal water impoundment, with a 
favorable report. 

On motion of Senator Barker, the bill is placed on the Calendar for Tuesday, 
June 19. 

S.B. 1529, a bill to authorize the Wildlife Resources Commission to use funds to 
construct boating access areas at Cedar Island and at Ocracoke Island, to repair the 
dam at Lake Rim Fish Hatchery, and to construct a visitor center at Pisgah Forest Fish 
Hatchery, with a favorable report. 

On motion of Senator Barker, the bill is re-referred to the Appropriations Com- 
mittee. 

H.B. 2060 (Committee Substitute), a bill to extend the season for hunting bear in 
certain areas of Gates County, with a favorable report. 

On motion of Senator Barker, the Committee Substitute bill is placed on the Calen- 
dar for Tuesday, June 19. 

H.B. 2063, a bill to amend the law protecting migratory wildfowl in Currituck 
Sound and its tributaries, with a favorable report. 

On motion of Senator Barker, the bill is placed on the calendar for Tuesday, 
June 19. 

H.B. 2124, a bill to make a technical correction in a 1987 act which regulated the 
shining of lights in deer areas in the Counties of Bertie and Madison, with a favorable 
report. 

On motion of Senator Barker, the bill is placed on the Calendar for Tuesday, 
June 19. 

H.B. 2131, a bill to prohibit the discharge of a firearm from certain roads in Mar- 
tin County and to regulate the discharge of a rifle of greater than .22 calibers in Martin 
County, with a favorable report. 

On motion of Senator Barker, the bill is placed on the Calendar for Tuesday, 
June 19. 



June 14, 1990 



1990] SENATE JOURNAL 77 

H.B. 2159, a bill to add Mitchell County to the areas covered by the Statewide Fox 
Management Plan, with a favorable report. 

On motion of Senator Barker, the bill is placed on the Calendar for Tuesday, 
June 19. 

H.B. 2199, a bill to prohibit the discharge of firearms on or across any highway in 
Watauga County, with a favorable report. 

On motion of Senator Barker, the bill is placed on the Calendar for Tuesday, 
June 19. 

H.B. 2220, a bill to establish fox seasons in Anson County, with a favorable re- 
port. 

On motion of Senator Barker, the bill is placed on the Calendar for Tuesday, 
June 19. 

S.B. 1509, a bill to authorize water column leases for aquaculture within recognized 
shellfish franchises, with a favorable report, as amended. 

On motion of Senator Barker, the bill is placed on the Calendar for Tuesday, 
June 19. 

H.B. 2065, a bill to repeal the prohibition on bear hunting in Dare County and to 
authorize the establishment of seasons for hunting black bears in Dare County, with a 
favorable report, as amended. 

On motion of Senator Barker, the bill is placed on the Calendar for Tuesday, 
June 19. 

CALENDAR (Continued) 

S.J.R. 1436, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to provide that the governing body of a 
taxing unit may delay the accrual of interest on certain unpaid property taxes. 

The joint resolution passes its second (47-0) and third readings and is ordered sent 
to the House of Representatives. 

S.B. 1455, a bill to provide that an extension of time for filing an individual income 
tax return is not an extension of time for paying the tax. 

Senator Royall offers Amendment No. 1, held to be material, which is adopted 
(47-0), constituting the first reading of the measure. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, June 15, for 
further consideration, upon second reading. 

S.J.R. 1498, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to make releasing of motor vehicles unlaw- 
ful. 

The joint resolution passes its second (48-0) and third readings and is ordered, 
without objection, sent to the House of Representatives by special messenger. 

S.J.R. 1560, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to amend the exceptional children's ap- 
peals process, to preserve federal funds, and to save the State replacement funds. 

The joint resolution passes its second (46-0) and third readings and is ordered, 
without objection, sent to the House of Representatives by special messenger. 

H.J.R. 2053, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a joint resolution honoring the life and memory of Herbert Clifton 
Blue, former member of the General Assembly. 

The joint resolution passes its second (42-0) and third readings and is ordered en- 
rolled. 



June 14, 1990 



78 SENATE JOURNAL [Second Session 

H.J.R. 2174, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to require that notice of liens for the cost 
and damages payable to the United States for the cleanup of any site covered by 
CERCLA/SARA be filed in the Office of the Clerk of Superior Court of the county in 
which the property is located. 

The joint resolution passes its second (47-0) and third readings and is ordered en- 
rolled. 

H.J.R. 2177, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to increase the maximum fine for parking 
in a handicapped parking space. 

The joint resolution passes its second reading (33-13). 

On motion of Senator Bryan the third reading is taken by electronic vote. 

The joint resolution passes it third reading (47-0) and is ordered enrolled. 

H.J.R. 2230, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to authorize creation of county recreation 
and security service districts. 

The joint resolution passes its second (47-0) and third readings and is ordered en- 
rolled. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

Senator Royall offers a motion to the end the rules be suspended to allow the follow- 
ing joint resolution filed earlier today be presented to the Senate and read a first time, 
which motion prevails. 

By Senator Royall: 

S.J.R. 1605, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a joint resolution inviting the Governor to address a joint session of 
the Senate and House of Representatives on Thursday, June 14, 1990. 

On motion of Senator Royall, the joint resolution remains before the Senate for 
further consideration upon its passage. 

The joint resolution passes its second (48-0) and third readings and is ordered, 
without objection, sent to the House of Representatives by special messenger. 

RECALL FROM THE ENGROSSING OFFICE AND 
RECONSIDERATION 

Senator Staton offers a motion that S.B. 1350, a bill to make technical and con- 
forming changes to the savings institutions law, be recalled from the Engrossing Office 
for further consideration, which motion prevails, and the bill is presented to the Sen- 
ate. 

Senator Staton offers a motion that the vote by which the bill, as amended, passed 
its third reading be reconsidered, which motion prevails. 

On motion of Senator Staton, the bill, as amended, is recommitted to the Banks 
and Thrift Institutions Committee. 



WITHDRAWAL FROM COMMITTEE 

H.B. 2048 (Committee Substitute), a bill to make technical and conforming 
changes to the Savings Institutions Law. 

On motion of Senator Staton, the rules are suspended, and the Committee Substi- 
tute bill is taken from the Banks and Thrift Institutions Committee and is 
placed before the Senate for immediate consideration. 



June 14, 1990 



1990] ^ - SENATE JOURNAL 79 

The Committee Substitute bill passes its second (47-0) and third readings and is 
ordered enrolled. 

On motion of Senator Barnes, seconded by Senator Daughtry, the Senate adjourns 
at 2:00 P.M. to meet tomorrow, June 15, at 10:00 A.M. 



ONE HUNDRED FORTY-FIFTH DAY 

, r 

Senate Chamber, 
Friday, June 15, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Father, for those moments in our past when we chose our way rather than Your 
way, when we were not Your servants, forgive us. 

"For these moments today, in the present, guide and direct our energies. Help us to 
make our work not a solo, but a collaborative effort with You. 

"For the days ahead, for our future, give to us a vision of what could be, of ways to 
enhance the strong legacy of this State for the good of all her people. These three 
things we ask in Your Name, which is synonymous with compassion, strength, and 
vision. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
June 14, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for today to Senator Swain, for medical rea- 
sons; Senator Parnell who is observing prison construction in the State of Georgia; and 
to Senator Smith. 

On motion of Senator Barnes, the Chair extends courtesies of the floor to the North 
Carolina State 4-A Baseball Championship team from Hoke County High School and 
their coach Joe Critcher, who approach the well of the Senate and briefly address the 
membership. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Harris for the Human Resources Committee: 

S.B. 1443, a bill to amend the reporting date from 1990 to 1991 for filing with the 
General Assembly of a Social Services Plan for the State of North Carolina by the 
Department of Human Resources, with a favorable report. 

By Senator Winner for the Rules and Operation of the Senate Committee: 

H.J.R. 2194, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a joint resolution honoring the life and memory of Samuel Benjamin 
Frink, former member of the General Assembly, with a favorable report. 



June 15, 1990 



m SENATE JOURNAL [Second Session 

By Senator Staton for the Banks and Thrift Institutions Committee: 

H.B. 2047 (Committee Substitute), a bill to provide for direct conversion of a sav- 
ings institution to a bank and a bank to a savings institution, with an unfavorable 
report as to Committee Substitute bill, but favorable as to Senate Committee Substitute 
bill. 

On motion of Senator Staton, the rules are suspended, and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration and on his fur- 
ther motion the Senate Committee Substitute bill is adopted. 

On motion of Senator Staton, the Senate Committee Substitute bill is placed on the 
Calendar for Monday, June 18, for further consideration. 

By Senator Royall for the Appropriations Committee: 

S.B. 1426, a bill to modify the current operations appropriations for North Carolina 
for the 1990-91 fiscal year and to make other changes in the budget operation of the 
State, with an unfavorable report as to bill, but favorable as to Committee Substitute 
bill. 

(Pursuant to G.S. 143-15, see Addendum for Report attached to S.B. 1426, Senate 
1990-91 Budget Recommendations, dated June 14, 1990.) 

On motion of Senator Royall, the rules are suspended, and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration and on his further 
motion the Committee Substitute bill is adopted. 

On motion of Senator Royall, the Committee Substitute bill is placed on the Calen- 
dar for Monday, June 18, for further consideration. 

. >= 'i.-'' f '■••-■' ■ "■■'■'■ > ■'"■ f'^icv 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. J.R. 2024, a joint resolution honoring the life and memory of Elisha Mitchell on 
the Seventy-Fifth Anniversary of Mount Mitchell State Park and commemorating the 
establishment of the First State Park in North Carolina. 

Referred to Rules and Operation of the Senate Committee. 

H.B. 2080, a bill changing the method of electing the Town of Williamston Board 
of Commissioners to improve the opportunity for minority voters to elect candidates of 
their choice. 

Referred to Election Laws Committee. 

H.B. 2100, a bill to validate the 1989 election in the Town of Watha. 
Referred to Election Laws Committee. 

H.B. 2158, a bill allowing construction of an elementary school in Bertie County 
using the design-build contract system. 
Referred to Education Committee. 

H.B. 2186 (Committee Substitute), a bill to amend the laws relating to the regula- 
tion of proprietary schools. 

Referred to Education Committee. 

H.B. 2196, a bill to authorize the Town of Caswell Beach to create a sea turtle 
sanctuary. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 2197, a bill to increase the membership of the Town of Long Beach Alcoholic 
Beverage Control Commission from a chairman and two members to a chairman and 
four members. 

Referred to Local Government and Regional Affairs Committee. 



June 15, 1990 



1990] '-^ SENATE JOURNAL 81 

H.B. 2208, a bill to provide that it is unlawful to request ambulance service in 
Cleveland County when that service is not needed. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 2247, a bill allowing the City of Lumberton in arriving at the amount of con- 
sideration for an economic development conveyance to take into consideration pro- 
spective revenues generated by the development. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 2256, a bill to authorize the Town of Pilot Mountain to extend its extraterrito- 
rial zoning. 

Referred to Local Government and Regional Affairs Committee. 

H.J.R. 2303, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to expand the egg promotion tax to include 
processed eggs. 

Referred to Rules and Operation of the Senate Committee. 

H.J.R. 2372, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a joint resolution honoring the life and memory of Addison Hewlett, 
Jr., a former Speaker of the House of Representatives. 

Referred to Rules and Operation of the Senate Committee. 

H.J.R. 2384, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to consolidate, clarify, and improve the 
Statutes relating to railroad/motor vehicle safety. 

Referred to Rules and Operation of the Senate Committee. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bill and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.B. 2048 (Committee Substitute), an act to make technical and conforming 
changes to the Savings Institutions Law. (Ch. 806) 

H.J.R. 2053, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a joint resolution honoring the life and memory of Herbert Clifton 
Blue, former member of the General Assembly. (Res. 38) 

H.J.R. 2174, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to require that notice of liens for the cost 
and damages payable to the United States for the cleanup of any site covered by 
CERCLA/SARA be filed in the Office of the Clerk of Superior Court of the county in 
which the property is located. (Res. 39) 

H.J.R. 2177, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to increase the maximum fine for parking 
in a handicapped parking space. (Res. 40) 

H.J.R. 2230, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to authorize creation of county recreation 
and security service districts. (Res. 41) 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

June 15, 1990 



82 SENATE JOURNAL [Second Session 

S.B. 647 (Committee Substitute No. 2), a bill to provide a means for financing all 
or part of a convention center in Charlotte, upon third reading. 

The Committee Substitute bill No. 2 passes its third reading by roll-call vote ayes 
43, noes 1, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Conder, Daniel, Daughtry, Goldston, Guy, Hardin, 
Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, Lee, 
Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Plyler, Rauch, Raynor, 
Richardson, Roy all. Sands, Sherron, Simpson, Soles, Speed, Staton, Taft, Tally, 
Walker, Ward, Wilson, and Winner— 43. 

Voting in the negative: Senator Cochrane— 1. 

The Committee Substitute bill No. 2 is ordered, without objection, sent to the House 
of Representatives by special messenger. 

S.B. 1455, a bill to provide that an extension of time for filing an individual income 
tax return is not an extension of time for paying the tax, as amended, upon second 
reading. 

On motion of Senator Royall, consideration of the bill is postponed until Tuesday, 
June 19. 

S.B. 1406, a bill to delay the effective date of Chapter 372 of the 1989 Session 
Laws relating to the Wastewater Treatment Plant Operators Certification Commission 
and to provide for the study of the organization, functions, powers, and duties of the 
commission. 

The bill passes its second reading (45-0) . 

Senator Barker objects to the third reading of the bill. 

The bill remains on the Calendar for Monday, June 18, for further consideration, 
upon third reading. 

On motion of Senator Taft, seconded by Senator Barnes, the Senate adjourns at 
10:45 A.M. in honor of Edmund Hoover Taft, Jr. , father of Thomas F. Taft, Senator 
from Pitt County, to meet Monday, June 18, at 8:00 P.M. 



ONE HUNDRED FORTY-SIXTH DAY 

Senate Chamber, 
Monday, June 18, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Father, Community is a word we often use to refer to a place, a town or neighbor- 
hood, a spot on the map. 

"Yet tonight, as this Body of legislators comes together, we recognize that the word 
community describes not so much a place but a feeling. A feeling of camaraderie, a 
sense of shared experiences, shared burdens and shared accomplishments. True com- 
munity, we realize. Father, comes not because everyone agrees with each other. 
Community in its truest sense is a willingness to care for each other even when we 
disagree. 

"Help us, O God, to care for each other, to remember that we are all Your children, 
as we seek to grapple with the problems before us. Amen." 



June 18, 1990 



1990] SENATE JOURNAL 83 

Senator Barnes, President Pro Tempore, announces that the Journal of Friday, June 
15, has been examined and is found to be correct. On his motion, the Senate dis- 
penses with the reading of the Journal and it stands approved as written. 

The President extends courtesies of the gallery to the Honorable Lacy Thornburg, 
Attorney General of North Carolina. 



- INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bill filed for introduction is presented to the Senate, read the first 
time, and disposed of as follows: 

By Senators Hunt of Durham and Royall: 

S.J.R. 1606, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to prohibit the siting of a hazardous waste 
facility operated pursuant to Chapter 130B of the General Statutes within ten miles of 
any municipality in the State. 

Referred to Rules and Operation of the Senate Committee. 



MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 2113, a bill to provide that Bladen County is authorized to construct gas lines. 
Referred to Public Utilities Committee. 

H.B. 2116, a bill to provide that the additional tax on motorcycles is to be used for 
the motorcycle safety instruction program. 
Referred to Finance Committee. 

H.B. 2171, a bill to amend the Charter of the City of Greensboro with respect to 
recall petitions. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 2188, a bill to permit Wake County to use unmarked county vehicles for de- 
livery of certain human services. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 2191, a bill to allow the County of Pitt to acquire land for economic develop- 
ment and dispose of same without public sale. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 2201, a bill to exclude from the corporate limits of the Town of Laurel Park 
an area recently discovered to be within those limits. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 2272, a bill to modify the authority of Henderson County to regulate the sub- 
division of land. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 2273, a bill amending the Charter of the City of Winston-Salem relating to 
fair housing. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 2278, a bill to modify the school funding procedures for Robeson County. 
Referred to Education Committee. 



June 18, 1990 



14 SENATE JOURNAL [Second Session 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 1426 (Committee Substitute), a bill to modify the current operations appro- 
priations for North Carolina for the 1990-91 fiscal year and to make other changes in 
the budget operation of the State. 

Senator Royall offers Amendment No. 1 which is adopted (49-0). 

Without objection, on motion of Senator Royall, the staff of the Fiscal Research 
Department is granted courtesies of the floor to assist in the explanation of the Com- 
mittee Substitute bill. 

Senator Bryan offers Amendment No. 2. 

Pursuant to Rule 28, Senator Johnson of Cabarrus rises to a point of order as to 
Amendment No. 2 containing two separate substantive provisions. 

The Chair sustains the point of order and divides Amendment No. 2 into Part A and 
Part B. 

Senator Goldston rises to offer Amendment No. 3, a substitute amendment for 
Amendment No. 2. 

The Chair rules Amendment No. 3 out of order and Senator Goldston subsequently 
withdraws Amendment No. 3. 

Senator Tally rises to offer a substitute amendment for Amendment No. 2, The 
Chair rules any substitute amendment out of order, and the question remains the 
adoption of Amendment No. 2 by Senator Bryan. 

Senator Royall raises a point of order as to Amendment No. 2 creating an unbal- 
anced budget and the Chair sustains the point of order and rules Amendment No. 2 
out of order. 

Senator Bryan, consequently, offers a motion that Amendment No. 2 be temporar- 
ily displaced, which motion prevails (26-19). 

Senator Martin of Pitt offers Amendment No. 4 which is adopted (48-0). 

Senator Simpson offers Amendment No. 5 and calls for the "ayes" and "noes" on 
the question. The call is sustained. 

Senator Royall offers a motion that Amendment No. 5 do lie upon the table, sec- 
onded by Senator Kaplan, which motion prevails by roll-call vote, ayes 32, noes 17, 
as follows: 

Voting in the affirmative: Senators Ballance, Block, Conder, Daniel, Goldston, 
Guy, Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, Lee, 
Martin of Guilford, Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, Richardson, 
Royall, Sands, Sherron, Soles, Speed, Staton, Swain, Taft, Tally, Walker, Ward, 
and Winner — 32, 

Voting in the negative: Senators Allran, Barker, Barnes, Basnight, Bryan, Carpen- 
ter, Chalk, Cochrane, Daughtry, Ezzell, Hardin, Kincaid, Martin of Pitt, Shaw, 
Simpson, Smith, and Wilson — 17. 

Amendment No. 5 lies upon the table. 

Senator Goldston offers Amendment No. 6 which is adopted (47-1). 

Senator Daughtry offers Amendment No. 7. 

Senator Royall offers a motion that Amendment No. 7 do lie upon the table, sec- 
onded by Senator Kaplan, which motion prevails (35-12). Amendment No. 7 lies 
upon the table. 

Senator Tally offers Amendment No. 8 which fails of adoption (23-25). 

Senator Martin of Guilford offers Amendment No. 9. 

Senator Bryan offers a motion that the provisions of Amendment No. 9 be referred 
to the Transportation Committee. 

The Chair rules the motion out of order. 

Amendment No. 9 is adopted (28-20). 

Senator Shaw offers Amendment No. 10. 



June 18, 1990 



1990] SENATE JOURNAL 85 

Without objection, on motion of Senator Shaw, Amendment No. 10 is temporarily 
displaced. 

Senator Daniel offers Amendment No. 11 which is adopted (48-0). 

Without objection. Senator Shaw withdraws Amendment No. 10. 

Senator Wilson offers Amendment No. 12. 

Senator Marvin offers a motion that Amendment No. 12 do lie upon the table, 
seconded by Senator Kaplan, which motion prevails (26-22). Amendment No. 12 
lies upon the table. 

With unanimous consent. Senator Bryan withdraws Amendment No. 2. 

Senator Bryan offers Amendment No. 13. 

Senator Taft offers a motion that Amendment No. 13 do lie upon the table, sec- 
onded by Senator Kaplan. 

Senator Bryan calls for the "ayes" and "noes" on the question. The call is sus- 
tained. 

The motion offered by Senator Taft that Amendment No. 13 do lie upon the table 
prevails, by roll-call vote, ayes 27, noes 22, as follows: 

Voting in the affirmative: Senators Barker, Barnes, Basnight, Block, Ezzell, 
Goidston, Harris, Johnson of Cabarrus, Johnson of Wake, Kaplan, Lee, Marvin, 
Murphy, Parnell, Rauch, Raynor, Sands, Sherron, Simpson, Soles, Staton, Swain, 
Taft, Tally, Walker, Ward, and Winner— 27. 

Voting in the negative: Senators Allran, Ballance, Bryan, Carpenter, Chalk, 
Cochrane, Conder, Daniel, Daughtry, Guy, Hardin, Hunt of Durham, Kincaid, Mar- 
tin of Pitt, Martin of Guilford, Plyler, Richardson, Royall, Shaw, Smith, Speed, and 
Wilson— 22. 

Amendment No. 13 lies upon the table. 

The Committee Substitute bill, as amended, passes its second (43-6) and third 
readings and is ordered engrossed and sent to the House of Representatives. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H.J.R. 2361, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to restrict parole, good time, and gain time 
eligibility for offenders who commit first and second degree murder, and to provide 
notification of parole hearings to the district attorney, the victim's family, and the 
arresting law enforcement agency. 

Referred to Rules and Operation of the Senate Committee. 

H.J.R. 2385, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to provide for the licensure of crematory 
operators and to establish the crematory authority within the Board of Mortuary Sci- 
ence. 

Referred to Rules and Operation of the Senate Committee. 

H.J.R. 2387, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to repeal the sunset on the limitation on 
insurance required on waterslides. 

Referred to Rules and Operation of the Senate Committee. 

H.J.R. 2388, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to delay the effective date of presumptive 
child support guidelines prescribed by the Conference of Chief District Court Judges. 

Referred to Rules and Operation of the Senate Committee. 

S.J.R. 1605, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a joint resolution inviting the Governor to address a joint session of 



June 18. 1990 



86 SENATE JOURNAL [Second Session 

the Senate and House of Representatives on Thursday, June 14, 1990, for concur- 
rence in House Amendment No. 1. 

On motion of Senator Royall, the rules are suspended without objection, and the 
joint resolution is placed before the Senate for immediate consideration. 

The Senate concurs in House Amendment No. 1 (45-0) which changes the title to 
read, S.J.R. 1605, a joint resolution authorizing the 1989 General Assembly, 1990 
Session, to consider a joint resolution inviting the Governor to address a joint session 
of the Senate and House of Representatives on Thursday, June 21, 1990, and the joint 
resolution is ordered enrolled. 

The President recognizes the following pages serving in the Senate this week: 

Jorja J. Barker, New Bern; Mary Barker, New Bern; Jason C. Boyd, Kittrell; 
Yolanda D. Bryant, Moncure; Charlita C. Cardwell, Winston-Salem; Maribeth Cole, 
Gastonia; William B. Corkey, Raleigh; Sherry E. Davis, Lansing; Laura Elledge, 
North Wilkesboro; Napier Fuller, Wilmington; Tilary Greene, Raleigh; Travis Gup- 
ton, Louisburg; Yates Gupton, Supply; Melissa E. Hight, Manteo; Kara Jiles, 
Raleigh; Melissa S. McLamb, Gastonia; Kathy Ramseur, Raleigh; David T. Shep- 
herd, Wake Forest; Ashley N. Smith, New Bern; Viola Stuckey, Oxford; James G. 
Underbill, New Bern; and Anna M. Wooddard, Raleigh. 

Without objection, on motion of Senator Barnes, the following bills and resolutions 
remaining on the Calendar for tonight are carried forward as unfinished business: 

S.B. 1443, a bill to amend the reporting date from 1990 to 1991 for filing with the 
General Assembly of a Social Services Plan for the State of North Carolina by the 
Department of Human Resources. 

H.B. 2047 (Senate Committee Substitute), a bill to provide for direct conversion of 
a savings institution to a bank and a bank to a savings institution. 

H.J.R. 2194, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a joint resolution honoring the life and memory of Samuel Benjamin 
Frink, former member of the General Assembly. 

H.J.R. 2386, a joint resolution honoring the life and memory of John Knox 
McNeill, Jr., former Mayor of the City of Raeford, and recognizing the celebration of 
National Turkey Lovers' Month in his honor. 

S.B. 1406, a bill to delay the effective date of Chapter 372 of the 1989 Session 
Laws relating to the Wastewater Treatment Plant Operators Certification Commission 
and to provide for the study of the organization, functions, powers, and duties of the 
commission. 

On motion of Senator Barnes, seconded by Senator Daughtry, the Senate adjourns 
at 10:45 P.M. to meet tomorrow, June 19, at 1:00 P.M. 



ONE HUNDRED FORTY-SEVENTH DAY 

Senate Chamber, 
Tuesday, June 19, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 



June 19, 1990 



1990] SENATE JOURNAL 87 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Father, we admit today that we frequently put You on the 'to do tomorrow' list. 
Today we are so busy, there are so many people we need to see, so many things that 
need our attention now. 

"Forgive us when we forget to include You in our planning and in our doing. Help 
us to realize that Your desire for relationship with us is as great as our need for You. 

"Today, we celebrate the fact that You are a patient and loving God, Who seeks us 
out, and Who guides our living in ways seen and unseen. 
. "For this gift of Yourself to us, O God, we give thanks. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
June 18, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for today to Senator Johnson of Wake. 

ENROLLED BILLS 

The Enrolling Clerk reports the following resolutions properly enrolled, and they are 
duly ratified and sent to the office of the Secretary of State: 

S.J.R. 1498, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to make releasing of motor vehicles unlaw- 
ful. (Res. 42) 

S.J.R. 1605, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a joint resolution inviting the Governor to address a joint session of 
the Senate and House of Representatives on Thursday, June 21, 1990. (Res. 43) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Soles for the Judiciary II Committee: 

S.B. 1351, a bill to make technical changes relating to joint, trust, and personal 
agency accounts at financial institutions, with a favorable report. 

S.B. 1496, a bill to extend time for the resolution of claims to land under navigable 
waters, with a favorable report. 

H.B. 1135 (Committee Substitute), a bill to provide that a worthless check viola- 
tion involving a check for more than one thousand dollars is a Class J felony punish- 
able by up to three years* imprisonment, to provide that larceny of property and re- 
ceipt of stolen goods valued at more than one thousand dollars is a Class H felony, to 
provide that a fraudulent attempt to obtain food stamps valued at more than one thou- 
sand dollars is a Class H felony, and to make conforming changes, with an unfavor- 
able report. 

H.B. 416 (Committee Substitute), a bill to require that headlights be illuminated 
when windshield wipers are on to make that vehicle more discernible during periods of 
limited visibility, with an unfavorable report as to Committee Substitute bill, but favor- 
able as to Senate Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended, and the Senate Committee 
Substitute bill which changes the title, upon concurrence, to read H.B. 416 (Senate 



June 19, 1990 



88 SENATE JOURNAL [Second Session 

Committee Substitute) , a bill to require that headlights be illuminated when windshield 
wipers are on to make that vehicle more discernible during periods of limited visibility 
and to require motor vehicles to have properly working speedometers, is placed before 
the Senate for immediate consideration. 

On motion of Senator Soles, the Senate Committee Substitute bill is adopted, and 
on his further motion is placed on the Calendar for tomorrow, June 20, for further 
consideration. 

H.B. 658 (Senate Committee Substitute), a bill to clarify the authority of law en- 
forcement officers to arrest without a warrant for certain misdemeanors, with an unfa- 
vorable report as to Senate Committee Substitute bill No. 1, but favorable as to Senate 
Committee Substitute bill No. 2. 

On motion of Senator Soles, the rules are suspended, and the Senate Committee 
Substitute bill No. 2 is placed before the Senate for immediate consideration and on 
his further motion the Senate Committee Substitute bill No. 2 is adopted. 

On motion of Senator Soles, the Senate Committee Substitute bill No. 2 is placed on 
the Calendar for tomorrow, June 20, for further consideration. 

By Senator Sands for the Local Government and Regional Affairs Commit- 
tee: 

S.B. 1384, a bill to redefine the corporate boundaries of the Town of Stokesdale, 
with a favorable report. 

On motion of Senator Sands, the bill is re-referred to the Finance Committee. 

S.B. 1398, a bill to codify the new method electing the Sampson County Board of 
Education established pursuant to the Federal Voting Rights Act, with a favorable 
report. 

S.B. 1401, a bill to authorize Duplin County to collect certain fees in the same 
manner as ad valorem taxes, with a favorable report. 

On motion of Senator Sands, the bill is re-referred to the Finance Committee. 

S.B. 1414, a bill to authorize Burke County to collect certain fees in the same man- 
ner as ad valorem taxes, with a favorable report. 

On motion of Senator Sands, the bill is re-referred to the Finance Committee. 

S.B. 1419, a bill to revise and consolidate the Charter of the City of Reidsville, with 
a favorable report. 

On motion of Senator Sands, the bill is re-referred to the Finance Committee. 

S»B. 1446, a bill to revise and consolidate the Charter of the City of Newton, with a 
favorable report. 

On motion of Senator Sands, the bill is re-referred to the Finance Committee. 

S.B. 1449, a bill to change the filing period for the Leaksville Township Board of 
Education (Eden City School Administrative Unit), with a favorable report. 

S.B. 1494, a bill to allow the Town of Richfield to be included within a rural fire 
protection district, with a favorable report. 

S.B. 1383, a bill enabling the County of Macon to establish an airport authority for 
the operation and maintenance of airport facilities in the County of Macon for the 
citizens of Macon County and vicinity, with a favorable report, as amended. 

On motion of Senator Sands, the rules are suspended, and the bill is placed before 
the Senate for immediate consideration and on his further motion Committee Amend- 
ments No. 1 and No. 2 are adopted. 

On motion of Senator Sands, the bill, as amended, is ordered engrossed and re- 
referred to the Finance Committee. 



June 19, 1990 



1990] SENATE JOURNAL 89 

S.B. 1434, a bill to allow Duplin County to convey certain property in exchange for 
other property, with a favorable report, as amended. 

By Senator Allran, Ranking Minority Member, at the request of Senator Johnson of 
Wake for the Judiciary III Committee: 

S.B. 1389, a bill to provide that restitution may be ordered for the expense of the 
controlled substance analysis in a drug offense conviction, with a favorable report. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills, which are read the first time and disposed of as follows: 

H.B. 2050 (Committee Substitute), a bill to comply with Title XI of the Financial 
Institutions Reform, Recovery, and Enforcement Act of 1989 by granting certain regu- 
latory authority to the North Carolina Real Estate Commission Real Estate Appraisal 
Committee, to redesignate it a board, and to add a new classification of voluntary 
appraiser certification. 

Referred to Judiciary III Committee. 

H.B. 2077, a bill to permit Washington County to use grant-in-aid funds for an 
additional purpose. 

Referred to Appropriations Committee. 

H.B. 2228, a bill to reduce the number of appeals board votes required to reverse or 
modify an order of the City of Charlotte Housing Code official. 

Referred to Local Government and Regional Affairs Committee. 



CALENDAR 

Bills and resolutions on the Calendar, carried forward as unfinished business from 
Monday, June 18, are taken up and disposed of, as follows: 

S.B. 1443, a bill to amend the reporting date from 1990 to 1991 for filing with the 
General Assembly of a Social Services Plan for the State of North Carolina by the 
Department of Human Resources. 

The bill passes its second (45-0) and third readings and is ordered sent to the House 
of Representatives. 

H.B. 2047 (Senate Committee Substitute), a bill to provide for direct conversion of 
a savings institution to a bank and a bank to a savings institution. 

The Senate Committee Substitute bill passes its second (48-0) and third readings 
and is ordered sent to the House of Representatives, for concurrence in the Senate 
Committee Substitute bill. 

H.J.R. 2194, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a joint resolution honoring the life and memory of Samuel Benjamin 
Frink, former member of the General Assembly. 

The joint resolution passes its second (48-0) and third readings and is ordered en- 
rolled. 

H.J.R. 2386, a joint resolution honoring the life and memory of John Knox 
McNeill, Jr., former Mayor of the City of Raeford, and recognizing the celebration of 
National Turkey Lovers' Month in his honor. 

The joint resolution passes its second (47-0) and third readings and is ordered en- 
rolled. ■•'"' ■ -■-—* ■:, 



June 19, 1990 



90 SENATE JOURNAL [Second Session 

S.B. 1406, a bill to delay the effective date of Chapter 372 of the 1989 Session 
Laws relating to the Wastewater Treatment Plant Operators Certification Commission 
and to provide for the study of the organization, functions, powers, and duties of the 
commission, upon third reading. 

On motion of Senator Barker, consideration of the bill is postponed until tomorrow, 
June 20. 

Bills and resolutions on today's Calendar are taken up and disposed of, as follows: 

H.B. 2220, a bill to establish fox seasons in Anson County. 

Without objection, on motion of Senator Barker, the bill is taken up out of its regu- 
lar order of business. 

On motion of Senator Barker, further consideration of the bill is postponed until 
Thursday, June 21. 

S.B. 1479, a bill to enable residents of the City of Mebane to fish without a hook 
and line fishing license within Lake Michael, a municipal water impoundment. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

H.B. 2060 (Committee Substitute), a bill to extend the season for hunting bear in 
certain areas of Gates County. 

The Committee Substitute bill passes its second and third readings and is ordered 
enrolled. 

H.B. 2063, a bill to amend the law protecting migratory wildfowl in Currituck 
Sound and its tributaries. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2065, a bill to repeal the prohibition on bear hunting in Dare County and to 
authorize the establishment of seasons for hunting black bears in Dare County. 

On motion of Senator Barker, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings and is ordered sent to the 
House of Representatives, for concurrence in Senate Amendment No. 1. 

H.B. 2124, a bill to make a technical correction in a 1987 act which regulated the 
shining of lights in deer areas in the Counties of Bertie and Madison. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 2131, a bill to prohibit the discharge of a firearm from certain roads in Mar- 
tin County and to regulate the discharge of a rifle of greater than .22 calibers in Martin 
County. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2159, a bill to add Mitchell County to the areas covered by the Statewide Fox 
Management Plan. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2199, a bill to prohibit the discharge of firearms on or across any highway in 
Watauga County. 

The bill passes its second and third readings and is ordered enrolled. 

S.B. 1359 (Committee Substitute), a bill to update the reference to the Internal 
Revenue Code used to determine certain taxable income and tax exemptions, to 
amend the Tax Fairness Act of 1989 to provide transitional adjustments relating to 
Subchapter S Corporations and depreciation deductions, to adopt the federal standard 
deduction and personal exemption amounts for 1990, to correct an error that inadver- 
tently disallowed deductions for some mortgage interest payments, and to provide 



June 19, 1990 



1990] ' SENATE JOURNAL 91 

additional tax relief for taxpayers with dependents who are permanently and totally 
disabled, as amended, upon second reading. 

Pursuant to Rule 41.1, Senator Plyler, Chairman of the Ways and Means Com- 
mittee, and Senator Royall, Chairman of the Appropriations Committee, call 
for the Committee Substitute bill, as amended, to be re-referred to the Ways and 
Means Committee. 

The Chair orders the Committee Substitute bill, as amended, re-referred to the 
Ways and Means Committee. 

S.B. 1455, a bill to provide that an extension of time for filing an individual income 
tax return is not an extension of time for paying the tax, as amended, upon second 
reading. 

On motion of Senator Royall, the bill, as amended, is recommitted to the Finance 
Committee. 

S.B. 1509, a bill to authorize water column leases for aquaculture within recognized 
shellfish franchises. 

On motion of Senator Barker, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (47-0) and third readings and is ordered 
engrossed and sent to the House of Representatives, without objection, by special mes- 
senger. 



REPORTS OF COMMITTEES 

The following standing committee report is submitted out of the regular order of 
business, read by their titles, together with the report accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Murphy for the Higher Education Committee: 

S.B. 1570, a bill to implement the joint report to provide management incentives 
and flexibility for the constituent institutions of the University of North Carolina, with 
a favorable report. 

On motion of Senator Murphy, the bill is re-referred to the Appropriations 
Committee. 

H.B. 2185, a bill to increase the bond requirements for proprietary schools, with a 
favorable report, as amended. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

Senator Royall offers a motion that Rule 40 be suspended to allow the introduction 
of the following joint resolution filed today, which motion prevails by a two-thirds 
majority vote. 

By Senator Royall: 

S.J.R. 1608, a joint resolution inviting the Governor to address a joint session of 
the Senate and House of Representatives on Thursday, June 21, 1990. 

On motion of Senator Royall, the joint resolution remains before the Senate for 
immediate consideration. 

The joint resolution passes its second and third readings and is ordered, without 
objection, sent to the House of Representatives by special messenger. 

Without objection, the Chair declares the Senate in recess until 3:00 P.M. 



June 19, 1990 



92 SENATE JOURNAL [Second Session 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable James 
C. Gardner, Lieutenant Governor. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H.B. 2270 (Committee Substitute), a bill to amend the legal description of the land 
being within the municipal boundaries of the City of Durham and to amend the metes 
and bounds description of a portion of the real property located within the County of 
Durham set forth in Section 2, Chapter 435, Session Laws of 1985. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 2377 (Committee Substitute), a bill to require utilities to pay certain taxes in 
fiscal year 1989-90 that would otherwise be payable in fiscal year 1990-91 and to 
change the accounting method that applies to revenue distributed to local governments 
from certain taxes levied by the State, received without engrossment of House Amend- 
ment No. 1. . i , ,' ,\ 

Referred to Finance Committee. 

On motion of Senator Barnes, seconded by Senator Wilson, the Senate adjourns at 
3:10 P.M. to meet tomorrow, June 20, at 1:00 P.M. 



ONE HUNDRED FORTY-EIGHTH DAY 

Senate Chamber, 
Wednesday, June 20, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Al Wright, Minister of Adamsville Baptist 
Church, Goldsboro. 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
June 19, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for today to Senator Walker, who has a 
doctor's appointment. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.B. 2060 (Committee Substitute), an act to extend the season for hunting bear in 
certain areas of Gates County. (Ch. 807) 

H.B. 2063, an act to amend the law protecting migratory wildfowl in Currituck 
Sound and its tributaries. (Ch. 808) 



June 20, 1990 



1990] ' ' SENATE JOURNAL 93 

H.B. 2124, an act to make a technical correction in a 1987 act which regulated the 
shining of lights in deer areas in the Counties of Bertie and Madison. (Ch. 809) 

H.B. 2131, an act to prohibit the discharge of a firearm from certain roads in Mar- 
tin County and to regulate the discharge of a rifle of greater than .22 calibers in Martin 
County. (Ch. 810) 

H.B. 2159, an act to add Mitchell County to the areas covered by the Statewide 
Fox Management Plan. (Ch. 811) 

H.B. 2199, an act to prohibit the discharge of firearms on or across any highway in 
Watauga County. (Ch. 812) 

S.J.R. 1608, a joint resolution inviting the Governor to address a joint session of 
the Senate and House of Representatives on Thursday, June 21, 1990. (Res. 44) 

H.J.R. 2194, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a joint resolution honoring the life and memory of Samuel Benjamin 
Frink, former member of the General Assembly. (Res. 45) 

H.J.R. 2386, a joint resolution honoring the life and memory of John Knox 
McNeill, Jr. , former Mayor of the City of Raeford, and recognizing the celebration of 
National Turkey Lovers' Month in his honor. (Res. 46) 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Sands for the Local Government and Regional Affairs Commit- 
tee: 

S.B. 1450, a bill relating to the manner of filling vacancies in the Office of Register 
of Deeds of Surry County, with a favorable report, as amended. 

S.B. 1394, a bill to amend the legal description of the land being within the munici- 
pal boundaries of the City of Durham and to amend the metes and bounds description 
of a portion of the real property located within the County of Durham set forth in 
Section 2, Chapter 435, Session Laws of 1985, with an unfavorable report as to bill, 
but favorable as to Committee Substitute bill. 

On motion of Senator Sands, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
the Committee Substitute bill is adopted. 

On motion of Senator Sands, the Committee Substitute bill is re-referred to the Fi- 
nance Committee. 

S.B. 1452, a bill to authorize Orange County to require financial security for the 
repair and operation of community systems of sewage collection, treatment and dis- 
posal, with an unfavorable report as to bill, but favorable as to Committee Substitute 
bill. 

On motion of Senator Sands, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
the Committee Substitute bill is adopted. 

On motion of Senator Sands, the Committee Substitute bill is placed on the Calen- 
dar for tomorrow, June 21, for further consideration. 



June 20, 1990 



94 SENATE JOURNAL [Second Session 

By Senator Speed for the Agriculture Committee: 

S.B. 1441, a bill to continue the Agricultural Finance Authority, with a favorable 
report. 

On motion of Senator Speed, the bill is re-referred to the Appropriations Com- 
mittee. 

S.B. 1380, a bill to provide for a strawberry assessment, with a favorable report, as 
amended. 

On motion of Senator Speed, the rules are suspended, and the bill is placed before 
the Senate for immediate consideration and on his further motion Committee Amend- 
ment No. 1 is adopted. 

On motion of Senator Speed, the bill, as amended, is ordered engrossed and re- 
referred to the Appropriations Committee. 

By Senator Rauch for the Finance Committee: 

H.B. 2377 (Committee Substitute), a bill to require utilities to pay certain taxes in 
fiscal year 1989-90 that would otherwise be payable in fiscal year 1990-91 and to 
change the accounting method that applies to revenue distributed to local governments 
from certain taxes levied by the State, with a favorable report. 

On motion of Senator Rauch, the rules are suspended, and the Committee Substi- 
tute bill is placed at the end of today's Calendar for consideration, upon second read- 
ing. ' : 

ScB. 1354, a bill to regulate refund anticipation loans, with a favorable report. 

ScB. 1533, a bill to authorize the Department of Justice to charge dormitory fees at 
the North Carolina Justice Academy, with a favorable report. 

S.B. 1382, a bill to authorize Polk County to collect certain fees in the same man- 
ner as ad valorem taxes, with a favorable report, as amended. 

S.B. 145, a bill to require hotels and motels to post telephone surcharges, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Rauch, the rules are suspended, and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration and on his further 
motion the Committee Substitute bill is adopted. 

On motion of Senator Rauch, the Committee Substitute bill is placed on the Calen- 
dar for tomorrow, June 21, for further consideration. 

S.B. 896, a bill to include fire sprinkler contractors under the licensure require- 
ments of the State Board of Examiners of plumbing and heating contractors; and to 
change the composition of the Board, with an unfavorable report as to bill, but favor- 
able as to Committee Substitute bill. 

On motion of Senator Rauch, the rules are suspended, and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration and on his further 
motion the Committee Substitute bill is adopted. 

On motion of Senator Rauch, the Committee Substitute bill is placed on the Calen- 
dar for tomorrow, June 21, for further consideration. 

S.B. 1455, a bill to provide that an extension of time for filing an individual income 
tax return is not an extension of time for paying the tax, with an unfavorable report as 
to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Rauch, the rules are suspended, and the Committee Substi- 
tute bill, which changes the title to read, S.B. 1455 (Committee Substitute), a bill to 
provide that an extension of time for filing an income or franchise tax return is not an 
extension of time for paying the tax, is placed before the Senate for immediate consid- 
eration. 



June 20, 1990 



1990] "■ SENATE JOURNAL 95 

On motion of Senator Rauch, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for tomorrow, June 21 , for further considera- 
tion. 

S.B. 1523, a bill to provide that Winston-Salem may levy an occupancy tax in 
addition to the occupancy tax in Forsyth County, with an unfavorable report as to bill, 
but favorable as to Committee Substitute bill. 

On motion of Senator Rauch, the rules are suspended, and the Committee Substi- 
tute bill, which changes the title to read, S.B. 1523 (Committee Substitute), a bill to 
authorize Forsyth County to levy an additional three percent occupancy tax, is placed 
before the Senate for immediate consideration. 

On motion of Senator Rauch, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for tomorrow, June 21 , for further considera- 
tion. 



RE-REFERRAL 

H.B. 2270 (Committee Substitute), a bill to amend the legal description of the land 
being within the municipal boundaries of the City of Durham and to amend the metes 
and bounds description of a portion of the real property located within the County of 
Durham set forth in Section 2, Chapter 435, Session Laws of 1985. 

On motion of Senator Sands, the rules are suspended, and the Committee Substitute 
bill is taken from the Local Government and Regional Affairs Committee and 
re-referred to the Finance Committee. 



REPORTS OF COMMITTEES (Continued) 
By Senator Parnell for the Insurance Committee: 

S.B. 1408, a bill to provide supplemental fees, licenses, and written examinations 
for agents who sell Medicare supplement or long-term care insurance policies; and to 
amend the Medicare supplement insurance law in accordance with recent congres- 
sional action, with an unfavorable report as to bill, but favorable to Committee Substi- 
tute bill. 

On motion of Senator Parnell, the rules are suspended, and the Committee Substi- 
tute bill, which changes the title to read, S.B. 1408 (Committee Substitute), a bill to 
provide for supplemental fees, licenses, written examinations, and continuing educa- 
tion for agents who sell Medicare supplement or long-term care insurance policies; to 
fund the Seniors' Health Insurance Information Program; and to amend the Medicare 
supplement insurance law in accordance with recent congressional action, is placed 
before the Senate for immediate consideration. 

On motion of Senator Parnell, the Committee Substitute bill is adopted, and on his 
further motion is re-referred to the Finance Committee. 

S.B. 1412, a bill to provide for licensing fees and licensing and regulation of multi- 
ple employer welfare arrangements (MEW As) on a receipt-supported basis and in 
accordance with the Employee Retirement Income Security Act as enacted and 
amended by Congress; and to change the registration fee and financial responsibility 
requirements for health plan administrators, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Parnell, the rules are suspended, and the Committee Substi- 
tute bill, which changes the title to read, S.B. 1412 (Committee Substitute), a bill to 
provide for registration of and reporting by multiple employer welfare arrangements 
and to amend the financial responsibility requirements for health plan administrators, 
is placed before the Senate for immediate consideration. 



June 20, 1990 



96 SENATE JOURNAL [Second Session 

On motion of Senator Parnell, the Committee Substitute bill is adopted, and on his 
further motion is re-referred to the Finance Committee. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following resolution filed for introduction is presented to the Senate, read the 
first time, and disposed of as follows: 

By Senator Harris: 

S.J.R. 1607, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to provide for the licensure of crematory 
operators and to establish the crematory authority within the Board of Mortuary Sci- 
ence. 

Referred to Rules and Operation of the Senate Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bill which is read the first time and disposed of as follows: 

H.B. 2254 (Committee Substitute), a bill to clarify the scope of the financial quali- 
fication and compliance history requirements applicable to applicants for water dis- 
charge and air emissions permits. 

Referred to Environment and Natural Resources Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of as follows: 

S.B. 1494, a bill to allow the Town of Richfield to be included within a rural fire 
protection district, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of 
Wake, Kaplan, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, 
Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, Sherron, 
Simpson, Smith, Soles, Speed, Staton, Swain, Tally, Ward, Wilson, and Win- 
ner— 47. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, June 21, for further con- 
sideration, upon third reading. 

S.B. 1398, a bill to codify the new method electing the Sampson County Board of 
Education established pursuant to the Federal Voting Rights Act. 

The bill passes its second (46-0) and third readings and is ordered sent to the House 
of Representatives. 

S.B. 1434, a bill to allow Duplin County to convey certain property in exchange for 
other property. 

On motion of Senator Murphy, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings and is ordered engrossed 
and sent to the House of Representatives. 

S.B. 1449, a bill to change the filing period for the Leaksville Township Board of 
Education (Eden City School Administrative Unit). 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 



June 20, 1990 



1990] SENATE JOURNAL 97 

S.B. 1496, a bill to extend time for the resolution of claims to land under navigable 
waters. 

Without objection, on motion of Senator Tally, the bill is taken from the Calendar 
for today and placed on the Calendar for tomorrow, June 21, for further considera- 
tion. 

S.B. 1406, a bill to delay the effective date of Chapter 372 of the 1989 Session 
Laws relating to the Wastewater Treatment Plant Operators Certification Commission 
and to provide for the study of the organization, functions, powers, and duties of the 
commission, upon third reading. 

Without objection, on motion of Senator Tally, the bill is taken from the Calendar 
for today and is placed on the Calendar for tomorrow, June 21, for further considera- 
tion. 

S.B. 1351, a bill to make technical changes relating to joint, trust, and personal 
agency accounts at financial institutions. 

The bill passes its second reading (45-3) . 

Senator Staton objects to the third reading of the bill. 

The bill remains on the Calendar for tomorrow, June 21, for further consideration, 
upon third reading. 

S.B. 1389, a bill to provide that restitution may be ordered for the expense of the 
controlled substance analysis in a drug offense conviction. 

The Chair rules the bill requires a call of the roll. 

The bill passes its second reading by roll-call vote, ayes 46, noes 2, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, 
Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, 
Plyler, Rauch, Raynor, Richardson, Roy all. Sands, Shaw, Sherron, Simpson, Smith, 
Soles, Speed, Staton, Taft, Tally, Ward, Wilson, and Winner— 46. 

Voting in the negative: Senators Ballance and Swain— -2. 

The bill is ordered placed on the Calendar for tomorrow, June 21, for further con- 
sideration, upon third reading. 

H.B. 416 (Senate Committee Substitute), a bill to require that headlights be illumi- 
nated when windshield wipers are on to make that vehicle more discernible during 
periods of limited visibility and to require motor vehicles to have properly working 
speedometers. 

Senator Winner offers Amendment No. 1 which is adopted (45-3). 

Debate ensues and Senator Bryan is recognized for the purpose of directing a ques- 
tion to Senator Soles who rises and calls the previous question. The Chair rules the 
motion for the previous question out of order as Senator Bryan has not relinquished the 
floor. 

Consequently, Senator Bryan offers Amendment No. 2 which fails of adoption 
(8-40). 

The Senate Committee Substitute bill, as amended, passes its second reading 
(38-9). 

Senator Ezzell objects to the third reading of the measure. 

The Senate Committee Substitute bill, as amended, remains on the Calendar for 
tomorrow, June 21, for further consideration, upon third reading. 

H.B. 658 (Senate Committee Substitute No. 2), a bill to clarify the authority of law 
enforcement officers to arrest without a warrant for certain misdemeanors. 

On motion of Senator Soles, consideration of the Senate Committee Substitute bill 
No. 2 is postponed until Tuesday, June 26. 

H.B. 2185, a bill to increase the bond requirements for proprietary schools. 
On motion of Senator Murphy, Committee Amendment No. 1 is adopted. 



June 20, 1990 



98 SENATE JOURNAL [Second Session 

The bill, as amended, passes its second (44-0) and third readings and is ordered 
sent to the House of Representatives, for concurrence in Senate Amendment No. 1. 



CONFERENCE REPORT 
H.B. 250 (Committee Substitute) 

Senator Johnson of Cabarrus for the Conferees appointed to consider the differences 
arising between the Senate and the House of Representatives on H.B. 250 (Commit- 
tee Substitute), a bill to clarify the definition of neglected child within the juvenile 
jurisdiction of the District Court, submits the following Report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on Committee Substitute for House Bill 250, A BILL 
TO BE ENTITLED AN ACT CLARIFY THE DEFINITION OF NEGLECTED 
CHILD WITHIN THE JUVENILE JURISDICTION OF THE DISTRICT COURT, 
wish to report as follows: 

The Senate recedes from Senate Amendments No. 1 and No. 2 and the House 
and Senate agree to the following amendment: 

on page 1 lines 10-14 by rewriting those lines to read: 

"to his welfare, or who has been placed for care or adoption in violation of 
law. In determining whether a juvenile is a neglected iuvenile. it is relevant 
whether that juvenile lives in a home where another juvenile has died as a 

r?§y]t Qf abys? qx n?gl?9t 9r liv?? in ^ hpm? wh?r? anpth^r jyv^nll? h^g \>^^n 

subjected to sexual abuse or severe physical abuse bv an adult who regularly 
lives in the home. 

"Sec. 2. This act shall become effective July 1, 1990." 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the 20th day of June, 1990. 

Conferees on the part Conferees on the part of the 

of the Senate House of Representatives 

S/ James Johnson, Jr. S/Anne C. Barnes 

S/Helen Marvin S/Paul Stam 

S/ Russell Walker S/Sharon Thompson 

On motion of Senator Johnson of Cabarrus, the Conference Report is adopted 
(44-0) , and a message is ordered sent to the House of Representatives informing that 
Honorable Body of such action. 

The Lieutenant Governor relinquishes the gavel to Senator Barnes, President Pro 
Tempore, who presides in his absence. 



^ CALENDAR (continued) 

H.B. 2377 (Committee Substitute), a bill to require utilities to pay certain taxes in 
fiscal year 1989-90 that would otherwise be payable in fiscal year 1990-91 and to 



June 20, 1990 



1990] SENATE JOURNAL 99 

change the accounting method that applies to revenue distributed to local governments 
from certain taxes levied by the State, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 45, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Basnight, Block, 
Bryan, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, Harris, 
Hunt of Durham, Johnson of Wake, Kaplan, Lee, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, 
Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, Tally, Walker, 
Ward, Wilson, and Winner— 45. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, June 
21, for further consideration, upon third reading. 

RE-REFFERAL 

H.B. 676 (Committee Substitute), a bill to authorize inspections of ABC licensed 
premises by local law enforcement officers. 

On motion of Senator Plyler, the rules are suspended, and the Committee Substitute 
bill is taken from the Ways and Means Committee and is recommitted to the 
Judiciary II Committee. 

On motion of Senator Royall, seconded by Senator Rauch, the Senate adjourns at 
2:50 P.M. to meet tomorrow, June 21, at 1:00 P.M. 



ONE HUNDRED FORTY-NINTH DAY 

Senate Chamber, 
Thursday, June 21, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend David Clift, Saint James United Methodist 
Church, Tarboro, as follows: 

"Dear God. You created this world and then ordained that men and women should 
have dominion over it in partnership with You. You willed that governments should 
lead the people. Before You stand those who have been elected to that sacred duty. 

"Help them to be open to Your partnership in the affairs of men. And grant them 
the wisdom to know that if Your partnership is ignored they labor in vain. 

"Grant them knowledge as they go about the duties that stretch out before them. 
May love of Country and State be a stronger motive than party or caucus. 

"They are not perfect. Lord. So look upon them with forgiveness and understanding 
in those moments when they fall to the temptations of pride and self interest. But also 
grant them the exhilarating joy that comes from unselfish service to others. Grant that 
at the end of this day they might experience the satisfaction of a job well done. 

"Dear God, their labor is not in vain. It can make a difference in the lives of 
others. It will make a difference. Heavenly Father, let the difference be for the good. 

"Your eyes are upon this room and these officials. I pray that the decisions they 
make will bring a smile to Your Face not tears to Your Eyes. 

"May they now know the mystery of Your Presence, Your Guidance, Your Compas- 



June 21. 1990 



100 SENATE JOURNAL [Second Session 

"And, Dear God, help them to understand that no greater title can be bestowed on 
them than the title, 'Servant of the People. ' That is their greatest honor. May they, 
with Your help, live up to that high calling. 

"With gratitude for this day and the opportunities it brings we make our prayer. 
Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
Wednesday, June 20, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Barker for the Marine Resources and Wildlife Committee: 

CONSENT OF APPOINTMENT 
ATLANTIC STATES MARINE FISHERIES COMMISSION 

In compliance with the provisions of G.S. 113-254, requiring that the Governor's 
appointee to the Atlantic States Marine Fisheries Commission be subject to confirma- 
tion by the Senate, Governor Martin has submitted for the confirmation the following 
name: 

Kenney L. Daniels of Dare County ^ 

The Senate Committee on Marine Resources and Wildlife has considered the ap- 
pointee and submits the following recommendations: 

That the appointment of Kenney L. Daniels to the Atlantic States Marine 
Fisheries Commission for the term beginning July 1, 1990, and expiring June 
30, 1993, be confirmed. 

On motion of Senator Barker, the report is placed before the Senate for immediate 
consideration. On his further motion the Senate consents to the appointment by the 
Governor of Kenney L. Daniels of Dare County to the Atlantic States Marine Fisheries 
Commission by roll-call vote, ayes 38, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Bryan, Car- 
penter, Chalk, Cochrane, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, Harris, 
Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Mar- 
vin, Odom, Plyler, Rauch, Richardson, Royall, Sands, Shaw, Simpson, Smith, 
Soles, Speed, Tally, Walker, Ward, Wilson, and Winner— 38. 

Voting in the negative: None. 

The Chair orders a special message sent to the House of Representatives notifying 
that Honorable Body of the action of the Senate. 

S.B. 1424, a bill to provide for the registration of land in Warren County and to 
require any person hunting or possessing a firearm or bow and arrow that is readily 
available for use to secure an entry permit before entering or remaining on registered 
land or remaining on abutting portions of highway, with a favorable report. 

On motion of Senator Barker, the bill is re-referred to the Finance Committee. 

H.B. 2044 (Committee Substitute), a bill to make a technical correction in the 
description of Lake Adger in a 1989 Act concerning a "slow-no-wake" area, with a 
favorable report. 



June 21, 1990 



1990] • SENATE JOURNAL 101 

By Senator Swain for the Judiciary I Committee: 

S.B. 1499, a bill to provide sentencing judges with the discretion to suspend a sen- 
tence to a term of imprisonment and place a youthful offender on probation, with the 
condition that the offender complete the IMPACT program, with a favorable report. 

S.B. 1506, a bill to allow judges to use house arrest as a condition of special proba- 
tion in certain DWI cases, with a favorable report. 

S.B. 1508, a bill to provide that both felons and misdemeanants shall be eligible for 
intensive probation, with a favorable report. 

S.B. 1500, a bill to create a Sentencing and Policy Advisory Commission and to 
establish a uniform standard for the development of criminal justice policy, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Swain, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
the Committee Substitute bill is adopted. 

On motion of Senator Swain, the Committee Substitute bill is placed on the Calen- 
dar for the next legislative day for further consideration. 

By Senator Winner for the Rules and Operation of the Senate Committee: 

S.J.R. 1607, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to provide for the licensure of crematory 
operators and to establish the crematory authority within the Board of Mortuary Sci- 
ence, with a favorable report. 

On motion of Senator Harris, the rules are suspended, and the joint resolution is 
placed before the Senate for immediate consideration. 

The joint resolution passes its second (42-0) and third readings and is ordered, 
without objection, sent to the House of Representatives by special messenger. 



RE-REFERRAL 

S.B. 1393, a bill to make releasing of motor vehicles unlawful. 

Pursuant to Resolution 42 authorizing consideration, on motion of Senator Winner, 
the rules are suspended, and the bill is taken from the Rules and Operation of tlie 
Senate Committee and is re-referred to the Judiciary II Committee. 

H.B. 2113, a bill to provide that Bladen County is authorized to construct gas lines. 

On motion of Senator Guy, the rules are suspended, and the bill is taken from the 

Public Utilities Committee and is re-referred to the Judiciary II Committee. 

H.B. 2186 (Committee Substitute), a bill to amend the laws relating to the regula- 
tion of proprietary schools. 

On motion of Senator Conder, the rules are suspended, and the Committee Substi- 
tute bill is taken from the Education Committee and is re-referred to the Higher 
Education Committee. 



REPORTS OF COMMITTEES (Continued) 

By Senator Daniel for the Manufacturing and Labor Committee: 

H.B. 736, a bill to increase the civil penalties for violations under the Occupational 
Safety and Health Act of North Carolina, with a favorable report, as amended. 

On motion of Senator Daniel, the bill is placed on the Calendar for Tuesday, June 
26. 



June 21, 1990 



10^2 SENATE JOURNAL [Second Session 

By Senator Sands for the Local Government and Regional Affairs Commit- 
tee: 

S.B. 1497, a bill to amend the Charter of the City of Asheboro, with a favorable 
report. 

S.B. 1512, a bill to allow the Town of St. Pauls to make the Town Administrator 
the head of all town departments, with a favorable report. 

H.B. 755 (Committee Substitute), a bill concerning voluntary satellite annexations 
by the Town of Garner, with a favorable report. 

On motion of Senator Sands, the Committee Substitute bill is re-referred to the Fi- 
nance Committee. 

H.B. 805, a bill to add age and handicap to the authorized purposes of the fair 
housing laws of the City of Raleigh, with a favorable report. 

H.B. 807, a bill to amend the Raleigh Civil Service Act to make a technical correc- 
tion and clarify that intervening parties may not be awarded attorney fees, with a fa- 
vorable report. 

S.B. 1522, a bill to authorize Watauga County to collect certain fees in the same 
manner as ad valorem taxes, with a favorable report, as amended. 

By Senator Block for the Pensions and Retirement Committee: 

S.B. 1463, a bill to amend the law relating to the Firemen's Pension and Disability 
Fund in the City of High Point, with a favorable report. 

S.B. 1421, a bill to amend the law relating to the Raleigh Firemen's Supplemental 
Retirement Fund, with a favorable report, as amended. 

CALENDAR 

Senator Rauch offers a motion that H.B. 2377 (Committee Substitute), a bill to 
require utilities to pay certain taxes in fiscal year 1989-90 that would otherwise be 
payable in fiscal year 1990-91 and to change the accounting method that applies to 
revenue distributed to local governments from certain taxes levied by the State, be 
taken from its place on the Calendar today, upon third reading, and placed before the 
Senate as the first order of business under general orders, which motion prevails. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 250 House of Representatives 

(Committee Substitute) June 20, 1990 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House has adopted the report of the Conferees on the Comm. Sub. for HB No. 
250, A BILL TO BE ENTITLED AN ACT TO CLARIFY THE DEFINITION OF 
NEGLECTED CHILD WITHIN THE JUVENILE JURISDICTION OF THE DIS- 
TRICT COURT, to the end that when a similar action has been taken on the part of 
the Senate, we will order the bill enrolled. 

Respectfully, 
«: S/Grace A. Collins * ^ 

Principal Clerk 



June 21, 1990 



1990] < SENATE JOURNAL 103 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills, which are read the first time and disposed of as follows: 

H.B. 2074 (Committee Substitute), a bill to increase the maximum bond that may 
be required of fuel distributors and suppliers. 
Referred to Finance Committee. 

H.B. 2195, a bill to authorize the Town of Long Beach to compromise or forgive 
local occupancy tax penalties. 

Referred to Finance Committee. 

H.B. 2243 (Committee Substitute), a bill to increase the membership of the 
Elizabeth City-Pasquotank County Airport Authority. 

Referred to Local Government and Regional Affairs Committee. 



SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

S.J.R. 1608 House of Representatives 

June 20, 1990 

Mr. President: 

In accordance with SJR 1608, "A JOINT RESOLUTION INVITING THE GOV- 
ERNOR TO ADDRESS A JOINT SESSION OF THE SENATE AND HOUSE OF 
REPRESENTATIVES ON THURSDAY, JUNE 21, 1990", it is ordered that message 
be sent your Honorable Body with the information that Representatives Wicker, 
Rhyne, Fitch and Esposito will serve as the escorts for the Governor on the part of the 
House of Representatives. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 

House of Representatives 
June 21, 1990 

Mr. President, 

This is to inform you that due to illness. Representative Fitch will be unable to serve 
on the Escort Committee for Governor Martin's visit today and that Representative 
Michaux has been appointed to replace him. 

Respectfully, 
S/Grace A. Collins 
' Principal Clerk 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

June 21, 1990 



104 SENATE JOURNAL [Second Session 

H.B. 2377 (Committee Substitute), a bill to require utilities to pay certain taxes in 
fiscal year 1989-90 that would otherwise be payable in fiscal year 1990-91 and to 
change the accounting method that applies to revenue distributed to local governments 
from certain taxes levied by the State, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 45, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Goldston, Guy, Hardin, 
Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Lee, Martin of Pitt, Martin of Guilford, Marvin, Parnell, Plyler, Rauch, Raynor, 
Richardson, Royall, Sands, Shaw, Simpson, Smith, Soles, Speed, Staton, Swain, 
Taft, Tally, Walker, Ward, Wilson, and Winner— 45. 

Voting in the negative: None. 

The Committee Substitute bill is ordered enrolled. 

S.B. 1494, a bill to allow the Town of Richfield to be included within a rural fire 
protection district, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Goldston, 
Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Lee, Martin of Pitt, Martin of Guilford, Marvin, Odom, Parnell, Plyler, 
Rauch, Raynor, Richardson, Royall, Sands, Shaw, Smith, Soles, Speed, Staton, 
Swain, Taft, Tally, Walker, Ward, Wilson, and Winner— 45. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 1382, a bill to authorize Polk County to collect certain fees in the same man- 
ner as ad valorem taxes, upon second reading. 

On motion of Senator Carpenter, Committee Amendment No. 1 is adopted, held to 
be material, constituting the first reading of the measure, and changing the title to 
read, S.B. 1382, a bill to authorize Polk and Transylvania Counties to collect certain 
fees in the same manner as ad valorem taxes. 

The Chair orders the bill, as amended, placed on the Calendar for the next legisla- 
tive day, upon second reading. 

S.B. 1523 (Committee Substitute), a bill to authorize Forsyth County to levy an 
additional three percent occupancy tax, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 45, 
noes 0, as follows: 

Voting in the affirmative: Senators Ballance, Barker, Barnes, Basnight, Block, 
Carpenter, Chalk, Conder, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, Harris, 
Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Lee, 
Martin of Pitt, Martin of Guilford, Marvin, Odom, Parnell, Plyler, Rauch, Raynor, 
Richardson, Royall, Sands, Shaw, Simpson, Smith, Soles, Speed, Staton, Swain, 
Taft, Tally, Walker, Ward, Wilson, and Winner— 45. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for the next legisla- 
tive day, for further consideration, upon third reading. 

S.B. 1450, a bill relating to the manner of filling vacancies in the Office of Register 
of Deeds of Surry County. 

On motion of Senator Sands, Committee Amendment No. 1 is adopted, changing 
the title to read, S.B. 1450, a bill relating to the manner of filling vacancies in the 
Office of Register of Deeds of Ashe, Surry, and Watauga Counties. 

Senator Marvin offers Amendment No. 2 which is adopted (46-0), further changing 
the title, pursuant to Rule 55, to read S.B. 1450, a bill relating to the manner of 



June 21. 1990 



1990] SENATE JOURNAL 105 

filling vacancies in the Office of Register of Deeds of Ashe, Surry, Watauga, Gaston 
and Lincoln Counties, 

The bill, as amended, passes its second (46-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 1452 (Committee Substitute), a bill to authorize Orange County to require 
financial security for the repair and operation of community systems of sewage collec- 
tion, treatment and disposal. 

The Committee Substitute bill passes its second (47-0) and third readings and is 
ordered sent to the House of Representatives. 



H.B. 2220, a bill to establish fox seasons in Anson County. 

On motion of Senator Barker, consideration of the bill is postponed until Tuesday, 
June 26. 



S.B. 1389, a bill to provide that restitution may be ordered for the expense of the 
controlled substance analysis in a drug offense conviction, upon third reading. 

Senator Royall offers Amendment No. 1 which is adopted (45-0). 

The bill, as amended, passes its third reading by roll-call vote, ayes 47, noes 1, as 
follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, 
Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Odom, Parnell, 
Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, Simpson, Smith, Soles, 
Speed, Staton, Swain, Taft, Tally, Walker, Ward, Wilson, and Winner— 47. 

Voting in the negative: Senator Ballance — 1. 

The bill, as amended, is ordered engrossed and sent to the House of Representa- 
tives. 



S.B. 1455 (Committee Substitute), a bill to provide that an extension of time for 
filing an income or franchise tax return is not an extension of time for paying the tax, 
upon second reading. 

The Committee Substitute bill, passes its second reading by roll-call vote, ayes 47, 
noes 1, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, 
Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Odom, Parnell, 
Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, Simpson, Smith, Soles, 
Speed, Staton, Swain, Taft, Tally, Walker, Ward, Wilson, and Winner— 47. 

Voting in the negative: Senator Ballance — 1. 

The Committee Substitute bill is ordered placed on the Calendar for the next legisla- 
tive day, for further consideration, upon third reading. 

S.B. 145 (Committee Substitute), a bill to require hotels and motels to post tele- 
phone surcharges. 

Senator Block offers Amendment No. 1 which is adopted (47-0). 

The Committee Substitute bill, as amended, passes its second reading (44-0). 

Senator Block objects to the third reading of the bill and the measure is ordered 
placed on the Calendar for the next legislative day, for further consideration, upon 
third reading. 



June 21, 1990 



106 SENATE JOURNAL [Second Session 

S.B. 896 (Committee Substitute), a bill to include fire sprinkler contractors under 
the licensure requirements of the State Board of Examiners of plumbing and heating 
contractors; and to change the composition of the Board. 

The Committee Substitute bill passes its second (47-0) and third readings and on 
motion of Senator Daniel, is ordered sent to the House of Representatives by special 
messenger. 

S.B. 1354, a bill to regulate refund anticipation loans. 
Senator Staton offers Amendment No, 1 which is adopted (46-0). 
The bill, as amended, passes its second reading (44-5). 
Senator Rauch objects to the third reading of the bill. 

The bill, as amended, is ordered placed on the Calendar for the next legislative day, 
for further consideration, upon third reading. 

'/ 

ENROLLED BILLS 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the office of the Secretary of State: 

H.B. 2377 (Committee Substitute), an act to require utilities to pay certain taxes in 
fiscal year 1989-90 that would otherwise be payable in fiscal year 1990-91 and to 
change the accounting method that applies to revenue distributed to local governments 
from certain taxes levied by the State. (Ch. 813) 

Pursuant to S.J.R. 1608, the Chair appoints Senator Royall, Senator Kincaid, 
Senator Cochrane, and Senator Richardson to escort the Honorable James G. Martin 
to the Joint Session and orders a message sent to the House of Representatives notify- 
ing that Honorable Body of such action. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.J.R. 1608 House of Representatives 

June 21, 1990 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
pursuant to SJR 1608 "A JOINT RESOLUTION INVITING THE GOVERNOR TO 
ADDRESS A JOINT SESSION OF THE SENATE AND HOUSE OF REPRESEN- 
TATIVES ON THURSDAY, JUNE 21, 1990", the House stands ready to receive the 
Senate in Joint Session at the hour appointed. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 

Senator Barnes offers a motion, in accordance with Res. 44, the Senate stands in 
recess to repair to the Hall of the House of Representatives, there to sit in Joint Ses- 
sion for the purpose of receiving a message from the Governor of the State of North 
Carolina; and on his further motion, upon dissolution of the Joint Session to return to 
the Senate Chamber for the consideration of further business, seconded by Senator 
Harris, which motion prevails. 

The Senate stands in recess at 2:06 P.M. and preceded by its officers repairs to the 
Hall of the House of Representatives. 



June 21, 1990 



1990] SENATE JOURNAL 107 

JOINT SESSION 

The Senate is received by the members of the House of Representatives standing. 
Speaker Mavretic presents the gavel to Lieutenant Governor James C. Gardner, Presi- 
dent of the Senate. The Joint Session is called to order by the President of the Senate. 

The President of the Senate recognizes the Sergeant-at-Arms of the House of Rep- 
resentatives who announces the presence at the door of His Excellency, Governor 
James G. Martin, who awaits the pleasure of the General Assembly sitting in Joint 
Session. Senator Royall and the Committees appointed by the President of the Senate 
and Speaker of the House of Representatives are recognized and directed to escort the 
Governor to the Well of the House whereupon he is presented to the President of the 
Senate who presents His Excellency, Governor James G. Martin, to the General As- 
sembly. 

Governor Martin delivers his message regarding the condition of the budget of the 
State of North Carolina along with his recommendations. (See Appendix for the text 
of the message.) 

Upon the conclusion of his remarks. Senator Royall and the Committees escort Gov- 
ernor Martin from the Chamber and Senator Barnes offers a motion to the end the 
Joint Session be dissolved and that the Senate return to its Chambers for the consid- 
eration of further business, which motion prevails. The Joint Session is dissolved. 

The Senate resumes consideration of its regular business at 3:05 P.M. 



CALENDAR (Continued) 

S.B. 1496, a bill to extend time for the resolution of claims to land under navigable 
waters. 

The bill passes its second (33-0) and third readings and is ordered sent to the House 
of Representatives. 

S.B. 1533, a bill to authorize the Department of Justice to charge dormitory fees at 
the North Carolina Justice Academy. 

The bill passes its second (41-0) and third readings and is ordered sent to the House 
of Representatives. 

S.B. 1351, a bill to make technical changes relating to joint, trust, and personal 
agency accounts at financial institutions, upon third reading. 

The bill passes its third reading (40-0) and is ordered sent to the House of Repre- 
sentatives. 

S.B. 1406, a bill to delay the effective date of Chapter 372 of the 1989 Session 
Laws relating to the Wastewater Treatment Plant Operators Certification Commission 
and to provide for the study of the organization, functions, powers, and duties of the 
commission, upon third reading. 

On motion of Senator Barker, consideration of the bill is postponed until Monday, 
June 25. 

H.B. 416 (Senate Committee Substitute), a bill to require that headlights be illumi- 
nated when windshield wipers are on to make that vehicle more discernible during 
periods of limited visibility and to require motor vehicles to have properly working 
speedometers, as amended, upon third reading. 

The Senate Committee Substitute bill, as amended, passes its third reading (37-3). 

The Senate Committee Substitute bill, as amended, is ordered engrossed and sent to 
the House of Representatives, for concurrence in the Senate Committee Substitute bill. 



June 21, 1990 



108 SENATE JOURNAL [Second Session 

REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Conder for the Education Committee: 

S.B. 1520, a bill regarding when the Nash County Board of Education can pay its 
employees, with a favorable report. 

H.B. 2064, a bill to add two members to the Board of Education of Dare County 
and to provide for the election of the members of said Board, with a favorable report. 

H.B. 2111, a bill to change the pay date for the Haywood County schools, with a 
favorable report. 

On motion of Senator Barnes, seconded by Senator Richardson, the Senate ad- 
journs at 3:32 P.M. to meet Monday, June 25, at 8:00 P.M. 



ONE HUNDRED FIFTIETH DAY 

Senate Chamber, 
. ' Monday, June 25, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

The Honorable Thomas F. Taft, Senator from Pitt County, is recognized to offer 
the prayer and places before the Senate a poem written by Edgar A. Guest, as follows: 



SERMONS WE SEE 

I'd rather see a sermon than hear one any day, 

I'd rather one should walk with me than merely show the way. 

The eye's a better pupil and more willing than the ear; 

Fine counsel is confusing, but example's always clear; 

And the best of all the preachers are the men who live their creeds. 

For to see the good in action is what everybody needs. 

I can soon learn how to do it if you'll let me see it done. 

I can watch your hands in action, but your tongue too fast may run. 

And the lectures you deliver may be very wise and true; 

But I'd rather get my lesson by observing what you do. 

For I may misunderstand you and the high advice you give. 

But there's no misunderstanding how you act and how you live. 

Senator Barnes, President Pro Tempore, announces that the Journal of Thursday, 
June 21, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for tonight to Senator Richardson, Senator 
Ballance, and Senator Rauch due to personal business, and to Senator Murphy due to 
a death in the family. 



June 25, 1990 



1990] SENATE JOURNAL 109 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by tiieir titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Sands for the Local Government and Regional Affairs Commit- 
tee: 

S.B. 1459, a bill to exempt Duplin County from certain building code requirements 
for construction of an aircraft hangar, with a favorable report, as amended. 

S.B. 1521, a bill to provide that the Town of Bailey need not mail zoning notices 
for the total zoning or rezoning of the Town and its extraterritorial jurisdiction, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Sands, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read, S.B. 1521 (Committee Substitute), a bill to ex- 
empt the Town of Bailey from certain zoning notice requirements, is placed before the 
Senate for immediate consideration. 

On motion of Senator Sands, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for tomorrow, June 26, for further considera- 
tion. 

CALENDAR 

Bills on the Calendar are taken up and disposed of as follows: 

S.B. 1523 (Committee Substitute), a bill to authorize Forsyth County to levy an 
additional three percent occupancy tax, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 35, 
noes 0, as follows: 

Voting in the affirmative: Senators Barker, Barnes, Basnight, Block, Bryan, Car- 
penter, Chalk, Conder, Daniel, Daughtry, Goldston, Guy, Hardin, Hunt of Durham, 
Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of Pitt, 
Odom, Parnell, Plyler, Royall, Sands, Shaw, Sherron, Simpson, Speed, Taft, Tally, 
Walker, Ward, Wilson, and Winner— 35. 

Voting in the negative: None. 

The Committee Substitute bill is ordered, without objection, sent to the House of 
Representatives by special messenger. 

S.B. 1382, a bill to authorize Polk and Transylvania Counties to collect certain fees 
in the same manner as ad valorem taxes, as amended, upon second reading. 

The bill, as amended, passes its second reading by roll-call vote, ayes 40, noes 0, 
as follows: 

Voting in the affirmative: Senators Barker, Barnes, Basnight, Block, Bryan, Car- 
penter, Chalk, Conder, Daniel, Daughtry, Goldston, Guy, Hardin, Harris, Hunt of 
Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of 
Pitt, Martin of Guilford, Marvin, Odom, Parnell, Plyler, Royall, Sands, Shaw, Sher- 
ron, Simpson, Smith, Speed, Swain, Taft, Tally, Walker, Ward, Wilson, and Win- 
ner — 40. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, June 26, for 
further consideration, upon third reading. 

S.B. 1497, a bill to amend the Charter of the City of Asheboro, upon second read- 
ing. 

The bill passes its second reading by roll-call vote, ayes 42, noes 0, as follows: 



June 25, 1990 



110 SENATE JOURNAL [Second Session 

Voting in the affirmative: Senators Barker, Barnes, Basnight, Block, Bryan, Car- 
penter, Chalk, Cochrane, Conder, Daniel, Daughtry, Goldston, Guy, Hardin, Har- 
ris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Lee, 
Martin of Pitt, Martin of Guilford, Marvin, Odom, Parnell, Plyler, Royall, Sands, 
Shaw, Sherron, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, Walker, Ward, 
Wilson, and Winner — 42. 

Voting in the negative: None. ^ * ' 

The bill is ordered placed on the Calendar for tomorrow, June 26, for further con- 
sideration, upon third reading. 

S.B. 1522, a bill to authorize Watauga County to collect certain fees in the same 
manner as ad valorem taxes, upon second reading. 

On motion of Senator Sands, Committee Amendment No. 1 is adopted, held to be 
material, constituting the first reading of the measure, and changing the title to read, 
S.B. 1522, a bill to authorize Alleghany and Watauga Counties to collect certain fees 
in the same manner as ad valorem taxes, and the bill, as amended, is ordered placed 
on the Calendar for tomorrow, June 26, for further consideration, upon second read- 
ing. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 

S.B. 1361, an act to make technical changes to the Revenue Laws. (Ch. 814) 

H.B. 250 (Committee Substitute), an act to clarify the definition of neglected child 
within the juvenile jurisdiction of the District Court. (Ch. 815) 



CALENDAR (Continued) 

S.B. 1421, a bill to amend the law relating to the Raleigh Firemen's Supplemental 
Retirement Fund. 

On motion of Senator Block, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings and is ordered engrossed 
and sent to the House of Representatives. 

S.B. 1463, a bill to amend the law relating to the Firemen's Pension and Disability 
Fund in the City of High Point. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. u i, ; 

S.B. 1512, a bill to allow the Town of St. Pauls to make the Town Administrator 
the head of all town departments. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1520, a bill regarding when the Nash County Board of Education can pay its 
employees. 

On motion of Senator Sands, consideration of the bill is postponed until tomorrow, 
June 26. 

H.B. 805, a bill to add age and handicap to the authorized purposes of the fair 
housing laws of the City of Raleigh. 

The bill passes its second and third readings and is ordered enrolled. 



June 25. 1990 



1990] rv- - SENATE JOURNAL 111 

H.B. 807, a bill to amend the Raleigh Civil Service Act to make a technical correc- 
tion and clarify that intervening parties may not be awarded attorney fees. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 2044 (Committee Substitute), a bill to make a technical correction in the 
description of Lake Adger in a 1989 Act concerning a "slow-no-wake" area. 

The Committee Substitute bill passes its second and third readings and is ordered 
enrolled. 

H.B. 2064, a bill to add two members to the Board of Education of Dare County 
and to provide for the election of the members of said Board. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2111, a bill to change the pay date for the Haywood County schools. 
The bill passes its second and third readings and is ordered enrolled. 

S.B. 1455 (Committee Substitute), a bill to provide that an extension of time for 
filing an income or franchise tax return is not an extension of time for paying the tax, 
upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 40, 
noes 0, as follows: 

Voting in the affirmative: Senators Barker, Barnes, Block, Bryan, Carpenter, 
Chalk, Cochrane, Conder, Daniel, Daughtry, Goldston, Guy, Hardin, Harris, Hunt 
of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Lee, Martin 
of Guilford, Marvin, Odom, Parnell, Raynor, Roy all. Sands, Shaw, Sherron, 
Simpson, Smith, Speed, Staton, Swain, Taft, Tally, Walker, Ward, Wilson, and 
Winner — 40. 

Voting in the negative: None. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

S.B. 1499, a bill to provide sentencing judges with the discretion to suspend a sen- 
tence to a term of imprisonment and place a youthful offender on probation, with the 
condition that the offender complete the IMPACT program. 

The bill passes its second reading (42-2) . 

Senator Bryan objects to the third reading of the bill. 

The bill is ordered placed on the Calendar for tomorrow, June 26, for further con- 
sideration, upon third reading. 

S.B. 1500 (Committee Substitute), a bill to create a Sentencing and Policy Advi- 
sory Commission and to establish a uniform standard for the development of criminal 
justice policy. 

Senator Odom offers Amendment No. 1, proposing to change the title of the Com- 
mittee Substitute bill, which upon the point of order raised he subsequently withdraws, 
without objection, to resubmit to S.B. 1508, a bill to provide that both felons and 
misdemeanants shall be eligible for intensive probation. 

Without objection, on motion of Senator Sands, the Committee Substitute bill is 
temporarily displaced. 

S.B. 1506, a bill to allow judges to use house arrest as a condition of special proba- 
tion in certain DWI cases. 

The bill passes its second reading (32-12). 

Senator Wilson objects to the third reading of the bill. 

The bill is ordered placed on the Calendar for tomorrow, June 26, for further con- 
sideration, upon third reading. 

S.B. 1508, a bill to provide that both felons and misdemeanants shall be eligible for 
intensive probation. 

Senator Odom offers Amendment No. 1 which is adopted (41-0), changing the title 
to read, S.B. 1508, a bill to provide that both felons and misdemeanants shall be 
eligible for intensive probation and parole. 



June 25, 1990 



112 SENATE JOURNAL [Second Session 

The bill, as amended, passes its second (42-1) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 1500 (Committee Substitute), a bill to create a Sentencing and Policy Advi- 
sory Commission and to establish a uniform standard for the development of criminal 
justice policy, temporarily displaced earher. 

The Committee Substitute bill passes its second reading (38-4). 

Senator Harris objects to the third reading of the bill. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, June 
26, for further consideration, upon third reading. 

S.B. 145 (Committee Substitute), a bill to require hotels and motels to post tele- 
phone surcharges, as amended, upon third reading. 

The Committee Substitute bill, as amended, passes its third reading (41-0) and is 
ordered engrossed and sent to the House of Representatives. 

S.B. 1354, a bill to regulate refund anticipation loans, as amended, upon third 
reading. 

The bill, as amended, passes its third reading (41-0) and is ordered engrossed and 
sent to the House of Representatives. 

S.B. 1406, a bill to delay the effective date of Chapter 372 of the 1989 Session 
Laws relating to the Wastewater Treatment Plant Operators Certification Commission 
and to provide for the study of the organization, functions, powers, and duties of the 
commission, upon third reading. 

Senator Barker offers Amendment No. 1 which is adopted (41-0), changing the 
title to read, S.B. 1406, a bill to delay the effective date of Chapter 372 of the 1989 
Session Laws relating to the Wastewater Treatment Plant Operators Certification 
Commission, to provide for the study of the organization, functions, powers, and du- 
ties of the Wastewater Treatment Plant Operators Certification Commission by the 
Environmental Review Commission, and to provide for a study by the Environmental 
Review Commission of the feasibility of levying a tax on the emission or air contami- 
nants and on the discharge of waste from point sources to the surface waters of the 
State. 

The bill, as amended, passes its third reading (42-0) and is ordered engrossed and 
sent to the House of Representatives. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills, which are read the first time and disposed of as follows: 

H.B. 2087, a bill to allow the Town of Sunset Beach to make special assessments 
for undergrounding of cable television lines. 
Referred to Finance Committee. 

H.B. 2151, a bill to clarify that victims are eligible for compensation from the Vic- 
tims Compensation Fund as required to receive federal funds. 

Pursuant to Resolution 34, the bill is ordered held as received in the Office of the 
Principal Clerk. 

H.B. 2193, a bill to allow the Harnett County Board of Commissioners, after pub- 
lic hearing, to extend the boundaries of any voted fire protection district out to five 
road miles. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 2261, a bill to allow the Charlotte City Manager to settle claims against the 
City which do not exceed thirty thousand dollars without giving prior notice to the 
Charlotte City Council. 

Referred to Local Government and Regional Affairs Committee. 



June 25, 1990 



1990] 1 SENATE JOURNAL 113 

H.B. 2091, a bill to provide for an age seventy sportsman combination hunting- 
fishing license. 

Referred to Marine Resources and Wildlife Committee and upon a favorable 
report re-referred to Finance Committee. 

H.B. 2092, a bill to provide for complimentary fishing licenses for residents of rest 
homes. 

Referred to Marine Resources and Wildlife Committee and upon a favorable 
report re-referred to Finance Committee. 

H.B. 2221 (Committee Substitute), a bill to revise the electoral system for the Clin- 
ton City School Administrative Unit to reflect a consent judgment in the federal case of 
Hall V. Kennedy. 

Referred to Election Laws Committee. 

H.B. 2222 (Committee Substitute), a bill to revise the electoral system for the City 
of Clinton to reflect a consent judgment in the federal case of Hall v. Kennedy. 
Referred to Election Laws Committee. 

H.B. 2227 (Committee Substitute), a bill to provide for acquisition of right-of-way 
by the Department of Transportation for location and relocation of utility infrastruc- 
ture. 

Referred to Transportation Committee. 

H.B. 2041, a bill to amend the law regarding the Cary Local Supplemental Retire- 
ment Benefit Fund. 

Referred to Pensions and Retirement Committee. 

H.B. 2045, a bill to allow the Town of Wake Forest to make special assessments 
without petition for the placement of utility lines underground. 
Referred to Finance Committee. 

H.B. 2189, a bill to increase the amount that can be received in benefits from the 
Lexington Firemen's Supplemental Retirement Fund. 
Referred to Pensions and Retirement Committee. 

H.B. 2249 (Committee Substitute), a bill to consolidate and clarify the civil penalty 
powers of the Environmental Management Commission and to establish procedures 
for the remission of civil penalty assessments. 

Referred to Environment and Natural Resources Committee and upon a 
favorable report re-referred to Finance Committee. 

EXECUTIVE ORDERS 

Executive Orders received are presented to the Senate and referred to committee, as 
follows: (See Appendix) 

Executive Order Number 118, Extending Executive Order Number 79, North 
Carolina Small Business Council. 

Referred to Small Business Committee. 

Executive Order Number 119, Establishing the North Carolina Quality Leader- 
ship Awards Council. 

Referred to State Government Committee. 

REPORTS OF COMMITTEES 

The following standing committee report is submitted out of the regular order of 
business, read by its title, together with the report accompanying it, and takes its place 
on the Calendar, as follows: 



June 25, 1990 



114 SENATE JOURNAL [Second Session 

By Senator Royall for the Appropriations Committee: 

S.B. 1591, a bill to appropriate funds to the Administrative Office of the Courts, to 
extend the terms of certain special Superior Court Judges, and to clarify provisions 
regarding the appointment of a guardian ad litem, with an unfavorable report as to 
bill, but favorable as to Committee Substitute bill. 

On motion of Senator Royall, the rules are suspended, and the Committee Substi- 
tute bill, which changes the title to read, S.B. 1591 (Committee Substitute), a bill 
to clarify provisions regarding the appointment of a guardian ad litem , is placed before 
the Senate for immediate consideration. 

On motion of Senator Royall, the Committee Substitute bill is adopted, and on his 
further motion is re-referred to the Judiciary III Committee. 

The President recognizes the following pages serving in the Senate this week: 

Jennifer Lisa Almekinder, Raleigh; Cynthia G. Arnold, High Point; Russell David 
Babb, Wilson; Josie Bowen, Raleigh; Suzanne M. Cukla, Franklin; Laurie Dar- 
danell, Raleigh; Lea Dunn, Raleigh; Susan R. Grice, Wilmington; Jan Heath, Fayet- 
teville; April L. Jackson, Clinton; Jeff Marvin, Winston-Salem; Ann Michelle 
McEntire, Graham; Corrie Elizabeth Mimms, Raleigh; Erin Mullen, Durham; Amy 
R. Nisbet, Raleigh; Kelly Malinda Pope, Angier; Kasey B. Redding, Troy; James B. 
Rorrer, Jr., Eden; Anna Sands, Reidsville; Alexander P. Sands IV, Reidsville; 
Tabitha S. Strong, Goldsboro; and Amy Jo Vickery, Indian Trail. 

On motion of Senator Barnes, seconded by Senator Smith, the Senate adjourns at 
9:15 P.M. to meet tomorrow, June 26, at 1:00 P.M. 



ONE HUNDRED FIFTY-FIRST DAY 

Senate Chamber, 
Tuesday, June 26, 1990." 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Father, help us to listen with new ears as we hear again these words spoken by 
You, 

'Trust in the Lord with all your heart; and lean not on your own un- 
derstanding — in all your ways, acknowledge Him, and He will make 
your paths straight.' 
"We admit today. Father, that there are segments of our hearts that we hold onto 
more tightly than others where we find it difficult to trust You or anyone else. We also 
admit that there seems to be a relationship between these areas of our hearts, and the 
detours in our lives when we follow a path You would not choose for us. 

"As we go about the tasks before us. Father, help us to open our hearts to You in 
such a way that the direction of our Hves improves. 

"Thank You that while Your path may not always be the easiest to follow, it is 
always the best. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
June 25, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 



June 26, 1990 



1990] SENATE JOURNAL 115 

The President grants leaves of absence for today to Senator Ballance, who is attend- 
ing a joint session of Congress being addressed by Nelson Mandela; to Senator Bryan, 
who has personal business; to Senator Plyler, who is out of town; and to Senator 
Murphy and Senator Daughtry. 

Senator Rauch requests to be recorded present for a portion of today's session. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 

H.B. 805, an act to add age and handicap to the authorized purposes of the fair 
housing laws of the City of Raleigh. (Ch. 816) 

H.B. 807, an act to amend the Raleigh Civil Service Act to make a technical cor- 
rection and clarify that intervening parties may not be awarded attorney fees. (Ch. 
817) 

H.B. 2044 (Committee Substitute), an act to make a technical correction in the 
description of Lake Adger in a 1989 Act concerning a "slow-no-wake" area. (Ch. 
818) 

H.B. 2064, an act to add two members to the Board of Education of Dare County 
and to provide for the election of the members of said Board. (Ch. 819) 

H.B. 2111, an act to change the pay date for the Haywood County schools. (Ch. 
820) 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following Senate simple resolution filed for introduction is presented to the Sen- 
ate, read, and disposed of as follows: 

By Senator Ballance: 

S.R. 1609, a Senate simple resolution honoring the men and women who died 
fighting for freedom in South Africa and to welcome Nelson Mandela, a living symbol 
of freedom, on his visit to the United States. 

Referred to Rules and Operation of the Senate Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 2084, a bill to authorize the Village of Bald Head Island to contract for water 
supply and pressure for fire protection purposes without complying with the bid statutes 
and to impose special assessments. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report, re-referred to Finance Committee. 

H.B. 2184, a bill to provide for the registration of land in Warren County and to 
require any person hunting or possessing a firearm or bow and arrow that is readily 
available for use to secure an entry permit before entering or remaining on registered 
land or remaining on abutting portions of highway. 

Referred to Finance Committee. 



June 26, 1990 



116 SENATE JOURNAL [Second Session 

H.B. 2202 (Committee Substitute), a bill to provide that Onslow County may pro- 
hibit issuance of a building permit to a delinquent taxpayer. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 2260, a bill to make clarifying, conforming, and technical amendments to 
various laws relating to environment, health, and natural resources. 
Referred to Environment and Natural Resources Committee. 

H.B. 2262, a bill to allow the Town of Richfield to be included within a rural fire 
protection district. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 2268, a bill to remove a described area from the corporate limits of the Town 
of Elm City. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 2338, a bill to authorize the construction and the financing, without appro- 
priations from the General Fund, of certain capital improvements projects of the con- 
stituent institutions of the University of North Carolina and the University of North 
Carolina Hospitals at Chapel Hill. 

Referred to Appropriations Committee. 

H.B. 2356, a bill to amend the authorization for a wholly self-liquidating project 
for the University of North Carolina at Greensboro that was originally enacted by 
Chapter 806 of the 1987 Session Laws and was amended by Chapter 995 of the 1987 
Session Laws. 

Referred to Appropriations Committee. 

S.B. 647 (Committee Substitute No. 2), a bill to provide a means for financing all 
or part of a convention center in Charlotte, for concurrence in House Amendment No. 
1, which is placed on the Calendar for tomorrow, June 27. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 1382, a bill to authorize Polk and Transylvania Counties to collect certain fees 
in the same manner as ad valorem taxes, as amended, upon third reading. 

Senator Marvin offers Amendment No. 2 which is adopted (30-0), held to be mate- 
rial, constituting the first reading of the measure, and pursuant to Rule 55 the title 
changes to read, S.B. 1382, a bill to authorize Cleveland, Polk and Transylvania 
Counties to collect certain fees in the same manner as ad valorem taxes. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, June 27, for 
further consideration, upon second reading. 

S.B. 1497, a bill to amend the Charter of the City of Asheboro, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, Car- 
penter, Chalk, Cochrane, Conder, Daniel, Goldston, Guy, Hardin, Harris, Hunt of 
Durham, Johnson of Cabarrus, Kaplan, Kincaid, Lee, Martin of Guilford, Marvin, 
Odom, Parnell, Ray nor, Richardson, Royall, Sands, Shaw, Sherron, Simpson, 
Smith, Soles, Speed, Staton, Swain, Taft, Tally, Walker, Ward, Wilson, and Win- 
ner — 41. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 1522, a bill to authorize Alleghany and Watauga Counties to collect certain 
fees in the same manner as ad valorem taxes, as amended, upon second reading. 

Senator Daniel offers Amendment No. 2 which is adopted (39-0), held to be mate- 
rial, constituting the first reading of the measure, and pursuant to Rule 55 changes the 



June 26, 1990 



1990] SENATE JOURNAL 117 

title to read, S.B. 1522, a bill to authorize Alleghany, Caswell, Richmond, and 
Watauga Counties to collect certain fees in the same manner as ad valorem taxes. 

The bill, as amended, remains on the Calendar for tomorrow, June 27, for further 
consideration, upon second reading. 

S.B. 1459, a bill to exempt Duplin County from certain building code requirements 
for construction of an aircraft hangar. 

On motion of Senator Sands, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings and is ordered engrossed 
and sent to the House of Representatives. 

REPORTS OF COMMITTEES 

The following standing committee report is submitted out of the regular order of 
business, read by its title, together with the report accompanying it, and takes its place 
on the Calendar, as follows: 

By Senator Parnell for the Insurance Committee: 

S.B. 1437, a bill to levy a one-time assessment on insurers that support the Mutual 
Workers' Compensation Security Fund, with a favorable report, as amended. 

On motion of Senator Parnell, the bill is placed before the Senate for immediate 
consideration and on his further motion Committee Amendment No. 1 is adopted. 

On motion of Senator Parnell, the bill, as amended, is ordered engrossed and re- 
referred to the Finance Committee. 

CALENDAR (Continued) 

S.B. 1520, a bill regarding when the Nash County Board of Education can pay its 
employees. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1521 (Committee Substitute), a bill to exempt the Town of Bailey from certain 
zoning notice requirements. 

The Committee Substitute bill passes its second and third readings and is ordered 
sent to the House of Representatives. 

H.B. 736, a bill to increase the civil penalties for violations under the Occupational 
Safety and Health Act of North Carolina. 

Without objection, on motion of Senator Daniel, the bill is taken up out of its regu- 
lar order of business. 

On motion of Senator Daniel, consideration of the bill is postponed until tomorrow, 
June 27. 

H.B. 2220, a bill to establish fox seasons in Anson County. 

Without objection, on motion of Senator Barker, the bill is temporarily displaced. 

H.B. 658 (Senate Committee Substitute No. 2), a bill to clarify the authority of law 
enforcement officers to arrest without a warrant for certain misdemeanors. 

On motion of Senator Soles the Senate Committee Substitute bill No. 2 is re- 
referred to Appropriations Committee. 

REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 



June 26. 1990 



118 SENATE JOURNAL [Second Session 

By Senator Sands for the Local Government and Regional Affairs Commit- 
tee: 

S.B. 1478, a bill to incorporate the Town of Green Level in Alamance County, with 
a favorable report. 

On motion of Senator Sands, the bill is re-referred to the Finance Committee. 

H.B. 2133, a bill to transfer a tract of land from the corporate limits of the City of 
Burlington to the corporate limits of the Town of Elon College, with a favorable re- 
port. 

On motion of Senator Sands, the bill is re-referred to the Finance Committee. 



RE-REFERRAL 

H.B. 2079, a bill to increase the maximum vehicle tax that can be levied in the 
Town of Ahoskie from five dollars to ten dollars. 

On motion of Senator Sands, the rules are suspended, and the bill is taken from the 
Local Government and Regional Affairs Committee and is re-referred to the 
Finance Committee. 



CALENDAR (Continued) 7 > 

S.B. 1499, a bill to provide sentencing judges with the discretion to suspend a sen- 
tence to a term of imprisonment and place a youthful offender on probation, with the 
condition that the offender complete the IMPACT program, upon third reading. 

The bill passes its third reading (41-0) and is ordered sent to the House of Repre- 
sentatives. 

S.B. 1500 (Committee Substitute), a bill to create a Sentencing and Policy Advi- 
sory Commission and to establish a uniform standard for the development of criminal 
justice policy, upon third reading. 

The Committee Substitute bill passes its third reading (39-1) and is ordered sent to 
the House of Representatives. 

S.B. 1506, a bill to allow judges to use house arrest as a condition of special proba- 
tion in certain DWI cases, upon third reading. 

Senator Parnell offers Amendment No. 1 which is adopted (26-0). 

The bill, as amended, passes its third reading (36-8) and is ordered engrossed and 
sent to the House of Representatives. 

H.B. 2220, a bill to establish fox seasons in Anson County, temporarily displaced 
earlier. 

Senator Barker offers Amendment No. 1 which is adopted (39-2) changing the ti- 
tle, upon concurrence, to read, H.B. 2220, a bill to establish fox seasons in Anson 
and Stanly Counties. 

The bill, as amended, passes its second (39-2) and third readings and is ordered 
sent to the House of Representatives, for concurrence in Senate Amendment No. 1. 



REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 



June 26, 1990 



1990] i - SENATE JOURNAL 119 

By Senator Johnson of Wake for the Judiciary III Committee: 

S.B. 1591 (Committee Substitute), a bill to clarify provisions regarding the appoint- 
ment of a guardian ad litem, with a favorable report. 

H.B. 2050 (Committee Substitute), a bill to comply with Title XI of the Financial 
Institutions Reform, Recovery, and Enforcement Act of 1989 by granting certain regu- 
latory authority to the North Carolina Real Estate Commission Real Estate Appraisal 
Committee, to redesignate it a board, and to add a new classification of voluntary 
appraiser certification, with a favorable report. 



PRESENTATION HONORING SENATOR ROBERT S. SWAIN 

The Chair recognizes Senator Barnes, who requests permission to escort the Honor- 
able Robert S. Swain, Senator from Buncombe County, to the Well of the Senate for a 
presentation. The Senate receives Senator Swain with a prolonged standing ovation. 

The Senate presents Senator Swain with a water color rendering by North Carolina 
artist Gerald Marion, depicting Senator Swain when he was a First Lieutenant in the 
United States Army Air Corps during World War II bearing the following engraved 
Plaque: 



PRESENTED TO 

ROBERT S. SWAIN 

(Formerly 1st Lieutenant Army Air Corps) 

By the North Carolina State Senate 

FOR OUTSTANDING SERVICE 

TO THE PEOPLE OF NORTH CAROLINA 

June 1990 

In further recognition of the esteem in which the Senate holds Senator Swain, the 
Senate also presents him with a golf bag. 

Senator Swain responds expressing his sincere and deep appreciation for the honors 
bestowed upon him. (See Appendix) 

On motion of Senator Barnes, seconded by Senator Cochrane, the Senate adjourns 
at 2:09 P.M. to meet tomorrow, June 27, at 10:30 A.M. 



ONE HUNDRED FIFTY-SECOND DAY 

Senate Chamber, 
Wednesday, June 27, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Bill Sheffield, Minister of Mount Zion Baptist 
Church, Louisburg, as follows: 

"Lord, as these men and women gather together to conduct the affairs of this State, 
I ask that You would forgive us of our sin and strengthen us in our weakness. I hum- 
bly ask that Your Divine Presence be felt in the course of these proceedings, that You 



June 27, 1990 



120 SENATE JOURNAL [Second Session 

may impart knowledge to these individuals who have sacrificed much that they may 
serve the many. Father, I also pray that You would give them wisdom in the use of 
their knowledge as they make the often complicated and difficult decisions that they 
encounter in the course of performing their jobs as leaders of the State. Father, I pray 
for them and not against them, because You are for us and if You are for us, then who 
can be aginst us? Let us give You the praise You so richly deserve in these Chambers 
and without, and I lift up this prayer in the Name of the God of Abraham, Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
June 26, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants courtesies of the Gallery to Jim Melton, Senate Sergeant-at- 
Arms for the State of South Carolina. 



ENROLLED BILLS 

The Enrolling Clerk reports the following resolution properly enrolled, and it is duly 
ratified and sent to the office of the Secretary of State: 

S.J.R. 1607, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to provide for the licensure of crematory 
operators and to establish the crematory authority within the Board of Mortuary Sci- 
ence. (Res. 47) 



REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Sands for the Local Government and Regional Affairs Commit- 

_,te«: ■,, , ,,_ ,,^,^^ ,,,. „ ^ ^ 

S.B. 1453, a bill to clarify the enabling legislation for subdivision ordinance provi- 
sions relating to recreation areas in Orange County, with a favorable report. 

S.B. 1461, a bill relating to zoning procedures of the City of High Point, with a 
favorable report. 

S.B. 1462, a bill relating to assessments for underground electrical wiring in the 
City of High Point, with a favorable report. 

S.B. 1477, a bill to allow the County of Pitt to acquire land for economic develop- 
ment and dispose of same without public sale, with a favorable report. 

S.B. 1485, a bill to provide for appointment of alternate members of the Wil- 
mington Transit Authority, with a favorable report. 

S.B. 1488, a bill to limit the terms of office of members of the Wilmington Housing 
Authority, with a favorable report. 

S.B. 1489, a bill to provide that purchasing procedures and contracts for improve- 
ments for the Town of Topsail Beach shall be governed by general law, with a favor- 
able report. 

H.B. 2054, a bill to allow the Mayor of the City of Whiteville to vote on all issues 
coming before the Council, with a favorable report. 



June 27, 1990 



1990] .. ,' SENATE JOURNAL 121 

H.B. 2059, a bill to remove from the corporate limits of the Town of Black Moun- 
tain an area included in error in an annexation ordinance effective February 28, 1989, 
with a favorable report. 

H.B. 2061, a bill enabling the Town of Edenton to pass ordinances requiring that 
certain residential dwelling units have automatic smoke detectors, with a favorable 
report. 

H.B. 2075, a bill to authorize the Town of Gary to levy an occupancy tax, with a 
favorable report. 

On motion of Sentor Sands, the bill is re-referred to the Finance Committee. 

H.B. 2134, a bill to authorize the City of Burlington to convey a tract of land to 
Habitat for Humanity, at private sale, with a favorable report. 

H.B. 2135, a bill to authorize the City of Burlington to convey a tract of land to 
Ralph Scott Group Homes, Inc., at private sale, with a favorable report. 

H.B. 2161 (Committee Substitute), a bill to authorize the City of Oxford, North 
Carolina, to dispose of property by private sale in connection with lease-purchase ar- 
rangements for converting the D.N. Hix School complex into a city hall and fire 
house, and to allow McDowell County to reconvey property it obtained without mone- 
tary consideration because such property is not needed for the purpose it was acquired, 
with a favorable report. 

H.B. 2208, a bill to provide that it is unlawful to request ambulance service in 
Cleveland County when that service is not needed, with a favorable report, 

H.B. 2170, a bill to revise and consolidate the Charter of the Town of Chadbourn, 
with a favorable report, as amended. 

S.B. 1392, a bill to modify the corporate limits of the Town of Pineville and the 
City of Charlotte, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Sands, the rules are suspended, and the Committee Subsitute 
bill is placed before the Senate for immediate consideration and on his further motion 
the Committee Substitute bill is adopted. 

On motion of Senator Sands, the Committee Substitute bill is re-referred to the Fi- 
nance Committee. 

S.B. 1487, a bill relating to Pender County— 2, with an unfavorable report as to 
bill, but favorable as to Committee Substitute bill. 

On motion of Senator Sands, the rules are suspended, and the Committee Substitute 
bill which changes the title to read, S.B. 1487 (Committee Substitute), a bill to pro- 
vide a third option for distribution of local sales tax revenue within Pender County, is 
placed before the Senate for immediate consideration. 

On motion of Senator Sands, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for tomorrow, June 28, for further considera- 
tion. 

H.B. 2040, a bill to remove the percentage area limitation on voluntary satellite 
annexations by the City of Statesville, with an unfavorable report as to bill, but favor- 
able as to Senate Committee Substitute bill. 

On motion of Senator Sands, the rules are suspended, and the Senate Committee 
Substitute bill which changes the title to read, H.B. 2040 (Senate Committee Substi- 
tute) , a bill to remove the percentage area limitation on voluntary satellite annexations 
by the City of Statesville, and to modify that limitation as to the Town of Wake For- 
est, is placed before the Senate for immediate consideration. 



June 27, 1990 



122 SENATE JOURNAL [Second Session 

On motion of Senator Sands, the Senate Committee Substitute bill is adopted, and 
on his further motion is placed on the Calendar for tomorrow, June 28, for further 
consideration. 

S.B. 1481, a bill to authorize Pender County to collect certain fees in the same 
manner as ad valorem taxes, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Sands, the rules are suspended, and the Committee Substitute 
bill which changes the title to read, S.B. 1481 (Committee Substitute), a bill to 
authorize Pender County and Surf City to collect certain fees in the same manner as ad 
valorem taxes, is placed before the Senate for immediate consideration. 

On motion of Senator Sands, the Committee Substitute bill is adopted, and on his 
further motion is re-referred to the Finance Committee. 

S.B. 1482, a bill relating to Pender County, with an unfavorable report as to bill, 
but favorable report as to Committee Substitute bill. 

On motion of Senator Sands, the rules are suspended, and the Committee Substitute 
bill which changes the title to read, S.B. 1482 (Committee Substitute), a bill to 
authorize Pender County to hold a referendum concerning tax increases for county 
service districts established under G,S. 153A-301 et seq. , is placed before the Senate 
for immediate consideration. 

On motion of Senator Sands, the Committee Substitute bill is adopted, and on his 
further motion is re-referred to the Finance Committee. 

By Senator Johnson of Wake for the Judiciary III Committee: 

H.B. 606 (Committee Substitute), a bill to update the procedure for appellate re- 
view of decisions of the Board of Medical Examiners, and to make certain powers of 
attorney durable as defined in G.S. 32A-8, with an unfavorable report as to Commit- 
tee Substitute bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Johnson of Wake, the rules are suspended, and the Senate 
Committee Substitute bill which changes the title to read, H.B. 606 (Senate Commit- 
tee Substitute), a bill to make certain powers of attorney durable as defined in G.S. 
32A-8, is placed before the Senate for immediate consideration. 

On motion of Senator Johnson of Wake, the Senate Committee Substitute bill is 
adopted, and on his further motion is placed on the Calendar for tomorrow, June 28, 
for further consideration. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Basnight: 

S.J.R. 1610, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to alter the manner for selecting drainage 
commissioners and to provide notice prior to assessment. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Roy all: 

S.J.R. 1611, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to require resident inspectors at commer- 
cial hazardous waste facilities. 

Referred to Rules and Operation of the Senate Committee. 



June 27, 1990 



1990] SENATE JOURNAL 123 

By Senator Harris: 

S.B. 1612, a bill to provide for the licensure of crematory operators and to establish 
the Crematory Authority within the Board of Mortuary Science. 

Pursuant to Resolution 34, the bill is ordered held as filed in the Office of the Princi- 
pal Clerk. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills which are read the first time and disposed of as follows: 

H.B. 1802 (Committee Substitute), a bill to provide that the probationary time be- 
tween an interlocutory decree and final adoption order may be the same for private 
adoptions as those arranged by social services or a licensed child-piacing agency. 

Pursuant to Resolution 34, the Committee Substitute bill is ordered held as received 
in the Office of the Principal Clerk. 

H.B. 2282 (Committee Substitute), a bill to encourage recycling of food processing 
by-products and to require reports from the Department of Environment, Health, and 
Natural Resources concerning the land application of food processing by-products. 

Referred to Agriculture Committee. 



RE-REFERRALS 

S.B. 1399, a bill to establish a season for taking foxes by trapping in Edgecombe 
County. 

On motion of Senator Sands, the rules are suspended, and the bill is taken from the 
Local Government and Regional Affairs Committee and re-referred to the 
Marine Resources and Wildlife Committee. 

S.B. 1400, a bill to prohibit the hunting or transportation of deer from or by boat or 
floating device on a portion of the Tar River in Edgecombe County. 

On motion of Senator Sands, the rules are suspended, and the bill is taken from the 
Local Government and Regional Affairs Committee and re-referred to the 
Marine Resources and Wildlife Committee. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 1382, a bill to authorize Cleveland, Polk and Transylvania Counties to collect 
certain fees in the same manner as ad valorem taxes, as amended, upon second read- 
ing. 

The bill, as amended, passes its second reading by roll-call vote, ayes 47, noes 0, 
as follows: 

Voting in the affirmative: Senators Allran, Baliance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of 
Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, 
Odom, Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, Sherron, Simpson, 
Smith, Speed, Swain, Taft, Tally, Walker, Ward, Wilson, and Winner— 47. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, June 28, for 
further consideration, upon third reading. 



June 27, 1990 



124 SENATE JOURNAL [Second Session 

S.B. 1522, a bill to authorize Alleghany, Caswell, Richmond, and Watauga Coun- 
ties to collect certain fees in the same manner as ad valorem taxes, as amended, upon 
second reading. 

The bill, as amended, passes its second reading by roll-call vote, ayes 48, noes 0, 
as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of 
Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, 
Odom, Plyler, Rauch, Raynor, Richardson, Roy all. Sands, Shaw, Sherron, Simpson, 
Smith, Speed, Staton, Swain, Taft, Tally, Walker, Ward, Wilson, and Winner— 48. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, June 28, for 
further consideration, upon third reading. 

S.B. 647 (Committee Substitute No. 2), a bill to provide a means for financing all 
or part of a convention center in Charlotte, for concurrence in House Amendment No. 
1. 

The Senate concurs in House Amendment No. 1, (46-1) and the Committee Sub- 
stitute bill No. 2 is ordered enrolled. 

S.B. 1591 (Committee Substitute), a bill to clarify provisions regarding the appoint- 
ment of a guardian ad litem. 

The Committee Substitute bill passes its second (47-0) and third readings and is 
ordered sent to the House of Representatives. 

H.B. 736, a bill to increase the civil penalties for violations under the Occupational 
Safety and Health Act of North Carolina. 

On motion of Senator Daniel, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (46-0) and third readings and is ordered 
sent to the House of Representatives, for concurrence in Senate Amendment No. 1. 

H.B. 2050 (Committee Substitute), a bill to comply with Title XI of the Financial 
Institutions Reform, Recovery, and Enforcement Act of 1989 by granting certain regu- 
latory authority to the North Carolina Real Estate Commission Real Estate Appraisal 
Committee, to redesignate it a board, and to add a new classification of voluntary 
appraiser certification. 

The Committee Substitute bill passes its second reading (43-4). 

Senator Goldston objects to the third reading of the bill. 

The Committee Substitute bill remains on the Calendar for tomorrow, June 28, for 
further consideration, upon third reading. 



REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Royall for the Appropriations Committee: 

H.B. 688, a bill to increase the per diem allowance for members of the Board of 
Pharmacy, with favorable report. 

By Senator Rauch for the Finance Committee: 

S.B. 1384, a bill to redefine the corporate boundaries of the Town of Stokesdale, 
with a favorable report. 



June 27. 1990 



1990] SENATE JOURNAL 125 

S.B. 1414, a bill to authorize Burke County to collect certain fees in the same man- 
ner as ad valorem taxes, with a favorable report. 

S.B. 1419, a bill to revise and consolidate the Charter of the City of Reidsville, with 
a favorable report. 

H.B. 2133, a bill to transfer a tract of land from the corporate limits of the City of 
Burlington to the corporate limits of the Town of Elon College, with a favorable re- 
port. 

H.B. 2270 (Committee Substitute), a bill to amend the legal description of the land 
being within the municipal boundaries of the City of Durham and to amend the metes 
and bounds description of a portion of the real property located within the County of 
Durham set forth in Section 2, Chapter 435, Session Laws of 1985, with a favorable 
report. 

S.B. 1478, a bill to incorporate the Town of Green Level in Alamance County, with 
an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Rauch, the rules are suspended, and the Committee Substi- 
tute bill which changes the title to read, S.B. 1478 (Committee Substitute), a bill to 
incorporate the Town of Greenlevel in Alamance County, is placed before the Senate 
for immediate consideration. 

On motion of Senator Rauch, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for tomorrow, June 28, for further considera- 
tion. 

On motion of Senator Barnes, seconded by Senator Daughtry, the Senate adjourns 
at 11:11 A.M. in honor of the Honorable Robert S. Swain, Senator from Buncombe 
County, to meet tomorrow, June 28, at 1:00 P.M. 



ONE HUNDRED FIFTY-THIRD DAY 

Senate Chamber, 
Thursday, June 28, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Ralph Painter, Minister of the First Assembly of 
God, Goldsboro. 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
June 27, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for today to Senator Guy, who has a dental 
appointment. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 



June 28, 1990 



126 SENATE JOURNAL [Second Session 

S.B. 647 (Committee Substitute No. 2), an act to provide a means for financing all 
or part of a convention center in Charlotte. (Ch. 821) 

H.B. 416 (Senate Committee Substitute), an act to require that headlights be illu- 
minated when windshield wipers are on to make that vehicle more discernible during 
periods of limited visibility and to require motor vehicles to have properly working 
speedometers. (Ch. 822) 

H.B. 992, an act to clarify the mental health law's references to persons dangerous 
to themselves and others and to add a definition of severe and persistent mental ill- 
ness. (Ch. 823) 

H.B. 2185, an act to increase the bond requirements for proprietary schools. (Ch. 
824) 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following resolution filed for introduction is presented to the Senate, read the 
first time, and disposed of as follows: 

By Senator Johnson of Cabarrus: 

S.J.R. 1613, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to authorize ABC election in certain cities 
located in two counties. 

Without objection, on motion of Senator Johnson of Cabarrus, the joint resolution is 
placed before the Senate for immediate consideration. 

The joint resolution passes its second (34-1) and third readings and is ordered, 
without objection, sent to the House of Representatives by special messenger. 



MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bill, which is read the first time and disposed of as follows: 

S.B. 58, a bill that designates the solid waste branch in the Department of Human 
Resources to serve as the central clearinghouse for information regarding solid waste 
management, for concurrence in the House Committee Substitute bill, which changes 
the title, upon concurrence, to read S.B. 58 (House Committee Substitute), a bill to 
provide for the creation of Regional Solid Waste Management Authorities. 

Referred to Environment and Natural Resources Committee. 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Rauch for the Finance Committee: 

S.B. 1401, a bill to authorize Duplin County to collect certain fees in the same 
manner as ad valorem taxes, with a favorable report. 

S.B. 1446, a bill to revise and consolidate the Charter of the City of Newton, with a 
favorable report. 



June 28, 1990 



1990] 3^ SENATE JOURNAL 127 

S.B. 1383, a bill enabling the County of Macon to establish an airport authority for 
the operation and maintenance of airport facilities in the County of Macon for the 
citizens of Macon County and vicinity, with a favorable report, as amended. 

S.B. 1417, a bill to provide that nonprofit youth athletic league concession stands 
shall be exempt from sales tax, with a favorable report, as amended. 

On motion of Senator Rauch, the bill is re-referred to the Ways and Means 
Committee. 

S.B. 1588, a bill to simplify the privilege license tax on restaurants, with a favor- 
able report, as amended. 

H.B. 2116, a bill to provide that the additional tax on motorcycles is to be used for 
the motorcycle safety instruction program, with a favorable report, as amended. 

On motion of Senator Rauch, the rules are suspended, and the bill is placed at the 
end of today's Calendar. 

S.B. 937, a bill to regulate the practice of electrolysis, with an unfavorable report 
as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Rauch, the rules are suspended, and the Committee Substi- 
tute bill, which changes the title to read, S.B. 937 (Committee Substitute), a bill to 
require people to be licensed to practice electrology, is placed before the Senate for 
immediate consideration. 

On motion of Senator Rauch, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Monday, July 2, for further considera- 
tion. 

S.B. 1360, a bill to reinstate sales tax on certain vehicles and vehicle parts, to 
modify the highway use tax and the alternate gross receipts tax, and to make technical 
changes in the laws affected by the Highway Trust Fund, with an unfavorable report as 
to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Rauch, the rules are suspended, and the Committee Substi- 
tute bill, which changes the title to read, S.B. 1360 (Committee Substitute), a bill to 
reinstate sales tax on certain vehicles and vehicle parts, to modify the highway use tax 
and the alternate gross receipts tax, to increase overweight permit fees and other fees 
to offset the loss of revenue resulting from the modifications to the highway use tax, 
and to make technical changes in the laws affected by the Highway Trust Fund, is 
placed before the Senate for immediate consideration. 

On motion of Senator Rauch, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Monday, July 2, for further considera- 
tion. 

S.B. 1467, a bill to increase the fees that may be charged by the State Board of 
Barber Examiners, with an unfavorable report as to bill, but favorable as to Commit- 
tee Substitute bill. 

On motion of Senator Rauch, the rules are suspended, and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration and on his further 
motion the Committee Substitute bill is adopted. 

On motion of Senator Rauch, the Committee Substitute bill is placed on the Calen- 
dar for Monday, July 2, for further consideration. 

S.B. 1493, a bill to impose a biood-alcohol content analysis fee to be paid by cer- 
tain persons convicted of impaired driving, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Rauch, the rules are suspended, and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration and on his further 
motion the Committee Substitute bill is adopted. 

On motion of Senator Rauch, the Committee Substitute bill is placed on the Calen- 
dar for Monday, July 2, for further consideration. 



June 28, 1990 



128 SENATE JOURNAL [Second Session 

S.B. 1587, a bill to improve the procedure for collecting debts owed the State by 
setting off the debts against tax refunds, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Rauch, the rules are suspended, and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration and on his further 
motion the Committee Substitute bill is adopted. 

On motion of Senator Rauch, the Committee Substitute bill is placed on the Calen- 
dar for Monday, July 2, for further consideration. 

By Senator Soles for the Judiciary II Committee: 

H.B. 2113, a bill to provide that Bladen County is authorized to construct gas lines, 
with a favorable report. 

By Senator Winner for the Rules and Operation of the Senate Committee: 

S.J.R. 1604, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to provide the rules and procedures for 
municipal redistricting in 1991, with a favorable report. 

H. J.R. 2096, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to limit to four years service of the Speaker 
and Speaker Pro Tempore of the House of Representatives, with a favorable report. 

H.J.R. 2240, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to extend to two years the time period for 
which victims ten years old or younger may receive compensation for economic loss 
from the Victims Compensation Fund, with a favorable report. 

H.J.R. 2303, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to expand the egg promotion tax to include 
processed eggs, with a favorable report. 

H.J.R. 2361, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to restrict parole, good time, and gain time 
eligibility for offenders who commit first and second degree murder, and to provide 
notification of parole hearings to the district attorney, the victim's family, and the 
arresting law enforcement agency, with a favorable report. 

H.J.R. 2384, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to consolidate, clarify, and improve the 
Statutes relating to railroad/motor vehicle safety, with a favorable report. 

H.J.R. 2385, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to provide for the licensure of crematory 
operators and to establish the crematory authority within the Board of Mortuary Sci- 
ence, with a favorable report. 

H.J.R. 2387, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to repeal the sunset on the limitation on 
insurance required on waterslides, with a favorable report. 

H.J.R. 2388, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to delay the effective date of presumptive 
child support guidelines prescribed by the Conference of Chief District Court Judges, 
with a favorable report. 

By Senator Odom for the State Personnel Committee: 

S.B. 1345, a bill to clarify the current proviso regarding a limitation on the number 
of State employees eligible to receive performance pay increases, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Odom, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read, S.B. 1345 (Committee Substitute), a bill to make 



June 28, 1990 



1990] SENATE JOURNAL 129 

various changes to the State Personnel Act, is placed before the Senate for immediate 
consideration. 

On motion of Senator Odom, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Monday, July 2, for further considera- 
tion. 

S.B. 1402, a bill to establish a performance management and pay oversight advi- 
sory committee within each department, agency, and institution to ensure that per- 
formance pay increases are made in a fair and equitable manner, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Odom, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read, S.B. 1402 (Committee Substitute), a bill to es- 
tablish a performance management and pay advisory committee within each depart- 
ment, agency, and institution to ensure that performance pay increases are made in a 
fair and equitable manner, is placed before the Senate for immediate consideration. 

On motion of Senator Odom, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Monday, July 2, for further considera- 
tion. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 1382, a bill to authorize Polk and Transylvania Counties to collect certain fees 
in the same manner as ad valorem taxes, as amended, upon third reading. 

The Committee Substitute bill, as amended, passes its third reading by roll-call 
vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Barker, Barnes, Basnight, Block, Bryan, Car- 
penter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, Hardin, Har- 
ris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, Lee, Martin 
of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Ray nor, Richardson, 
Royall, Sands, Shaw, Sherron, Smith, Soles, Speed, Staton, Swain, Taft, Ward, 
Wilson, and Winner — 42. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representa- 
tives. 

S.B. 1522, a bill to authorize Alleghany, Caswell, Richmond, and Watauga Coun- 
ties to collect certain fees in the same manner as ad valorem taxes, as amended, upon 
third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 42, noes 0, as 
follows: 

Voting in the affirmative: Senators Barker, Barnes, Basnight, Block, Bryan, Car- 
penter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, Hardin, Har- 
ris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, Lee, Martin 
of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, Richardson, 
Royall, Sands, Shaw, Sherron, Smith, Soles, Speed, Staton, Swain, Taft, Ward, 
Wilson, and Winner — 42. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representa- 
tives. 

S.B. 1477, a bill to allow the County of Pitt to acquire land for economic develop- 
ment and dispose of same without pubHc sale, upon second reading. 

Without objection, on motion of Senator Sands, the bill is taken up out of its regular 
order of business. 



June 28, 1990 



130 SENATE JOURNAL [Second Session 

On motion of Senator Sands, the bill is recommitted to the Local Government 
and Regional Affairs Committee. 

WITHDRAWAL FROM COMMITTEE 

H.B. 2191, a bill to allow the County of Pitt to acquire land for economic develop- 
ment and dispose of same without public sale. 

On motion of Senator Sands, the rules are suspended, and the bill is taken from the 
Local Government and Regional Affairs Committee and is placed on the Cal- 
endar for Tuesday, July 3. 

CALENDAR (Continued) 

H.B. 2170, a bill to revise and consolidate the Charter of the Town of Chadbourn, 
upon second reading. 

On motion of Senator Sands, consideration of the bill is postponed until Thursday, 
July 5. 

S.B. 1489, a bill to provide that purchasing procedures and contracts for improve- 
ments for the Town of Topsail Beach shall be governed by general law. 

On motion of Senator Sands, the bill is recommitted to the Local Government 
and Regional Affairs Committee. 

WITHDRAWAL FROM COMMITTEE 

H.B. 2085, a bill to provide that purchasing procedures and contracts for improve- 
ments for the Town of Topsail Beach shall be governed by general law. 

On motion of Senator Sands, the rules are suspended, and the bill is taken from the 
Local Government and Regional Affairs Committee and is placed on the Cal- 
endar for Tuesday, July 3. 

CALENDAR (Continued) 

H.B. 2040 (Senate Committee Substitute), a bill to remove the percentage area 
limitation on voluntary satellite annexations by the City of Statesville, and to modify 
that limitation as to the Town of Wake Forest, upon second reading. 

Without objection, on motion of Senator Bryan, the Committee Substitute bill is 
temporarily displaced. 

S.B. 1384, a bill to redefine the corporate boundaries of the Town of Stokesdale, 
upon second reading. 

The bill passes its second reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Ballance, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, 
Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, 
Lee, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, 
Richardson, Royall, Sands, Shaw, Sherron, Smith, Soles, Speed, Staton, Swain, 
Taft, Ward, Wilson, and Winner— 43. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, July 2, for further consid- 
eration, upon third reading. 

S.B. 1419, a bill to revise and consolidate the Charter of the City of Reidsville, 
upon second reading. 

The bill passes its second reading by roll-call vote, ayes 43, noes 0, as follows: 



June 28, 1990 



1990] ' SENATE JOURNAL 131 

Voting in the affirmative: Senators Ballance, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, 
Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, 
Lee, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, 
Richardson, Royall, Sands, Shaw, Sherron, Smith, Soles, Speed, Staton, Swain, 
Taft, Ward, Wilson, and Winner— 43. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, July 2, for further consid- 
eration, upon third reading. 

S.B. 1453, a bill to clarify the enabling legislation for subdivision ordinance provi- 
sions relating to recreation areas in Orange County, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Ballance, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, 
Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, 
Lee, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, 
Richardson, Royall, Sands, Shaw, Sherron, Smith, Soles, Speed, Staton, Swain, 
Taft, Ward, Wilson, and Winner— 43. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, July 2, for further consid- 
eration, upon third reading. 

S.B. 1462, a bill relating to assessments for underground electrical wiring in the 
City of High Point, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Ballance, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, 
Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, 
Lee, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, 
Richardson, Royall, Sands, Shaw, Sherron, Smith, Soles, Speed, Staton, Swain, 
Taft, Ward, Wilson, and Winner— 43. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, July 2, for further consid- 
eration, upon third reading. 

S.B. 1478 (Committee Substitute), a bill to incorporate the Town of Greenlevel in 
Alamance County, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Ballance, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, 
Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, 
Lee, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, 
Richardson, Royall, Sands, Shaw, Sherron, Smith, Soles, Speed, Staton, Swain, 
Taft, Ward, Wilson, and Winner— 43. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for Monday, 
July 2, for further consideration, upon third reading. 

H.B. 2059, a bill to remove from the corporate limits of the Town of Black Moun- 
tain an area included in error in an annexation ordinance effective February 28, 1989, 
upon second reading. 

The bill passes its second reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Ballance, Barker, Barnes, Basnight, Block, 

Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, 

Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, 

Lee, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, 



June 28, 1990 



ill SENATE JOURNAL [Second Session 

Richardson, Roy all, Sands, Shaw, Sherron, Smith, Soles, Speed, Staton, Swain, 
Taft, Ward, Wilson, and Winner— 43. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, July 2, for further consid- 
eration, upon third reading. 

H.B. 2133, a bill to transfer a tract of land from the corporate limits of the City of 
Burlington to the corporate limits of the Town of Elon College, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Ballance, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, 
Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, 
Lee, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, 
Richardson, Royall, Sands, Shaw, Sherron, Smith, Soles, Speed, Staton, Swain, 
Taft, Ward, Wilson, and Winner— 43. ^ ' - . 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, July 2, for further consid- 
eration, upon third reading. 

H.B. 2270 (Committee Substitute), a bill to amend the legal description of the land 
being within the municipal boundaries of the City of Durham and to amend the metes 
and bounds description of a portion of the real property located within the County of 
Durham set forth in Section 2, Chapter 435, Session Laws of 1985, upon second read- 
ing. 

The bill passes its second reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Ballance, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, 
Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, 
Lee, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, 
Richardson, Royall, Sands, Shaw, Sherron, Smith, Soles, Speed, Staton, Swain, 
Taft, Ward, Wilson, and Winner— 43. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for Monday, 
July 2, for further consideration, upon third reading. 

S.B. 1414, a bill to authorize Burke County to collect certain fees in the same man- 
ner as ad valorem taxes. 

The President rules the bill requires a call of the roll. 

The bill passes its second reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Ballance, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, 
Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, 
Lee, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, 
Richardson, Royall, Sands, Shaw, Sherron, Smith, Soles, Speed, Staton, Swain, 
Taft, Ward, Wilson, and Winner— 43. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, July 2, for further consid- 
eration, upon third reading. 

S.B. 1461, a bill relating to zoning procedures of the City of High Point. 
The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1485, a bill to provide for appointment of alternate members of the Wil- 
mington Transit Authority. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 



June 28, 1990 



1990] SENATE JOURNAL 133 

S.B. 1487 (Committee Substitute), a bill to provide a third option for distribution of 
local sales tax revenue within Pender County. 

The Committee Substitute bill passes its second and third readings and is ordered 
sent to the House of Representatives. 

S.B. 1488, a bill to limit the terms of office of members of the Wilmington Housing 
Authority. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

H.B. 2054, a bill to allow the Mayor of the City of White ville to vote on all issues 
coming before the Council. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2061, a bill enabling the Town of Edenton to pass ordinances requiring that 
certain residential dwelling units have automatic smoke detectors. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 2134, a bill to authorize the City of Burlington to convey a tract of land to 
Habitat for Humanity, at private sale. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2135, a bill to authorize the City of Burlington to convey a tract of land to 
Ralph Scott Group Homes, Inc., at private sale. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2161 (Committee Substitute), a bill to authorize the City of Oxford, North 
Carolina, to dispose of property by private sale in connection with lease-purchase ar- 
rangements for converting the D.N. Hix School complex into a city hall and fire 
house, and to allow McDowell County to reconvey property it obtained without mone- 
tary consideration because such property is not needed for the purpose it was acquired. 

The Committee Substitute bill passes its second and third readings and is ordered 
enrolled. 

H.B. 2208, a bill to provide that it is unlawful to request ambulance service in 
Cleveland County when that service is not needed. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 606 (Senate Committee Substitute), a bill to make certain powers of attorney 
durable as defined in G.S. 32A-8. 

Senator Johnson of Wake offers a motion to suspend the rules to allow the Senate 
Committee Substitute bill, which is held not to be germane, to be considered, which 
motion prevails. 

The Senate Committee Substitute bill passes its second (42-0) and third readings 
and is ordered sent to the House of Representatives, for concurrence in the Senate 
Committee Substitute bill. 



WITHDRAWAL FROM COMMITTEE 

S.R. 1609, a Senate simple resolution honoring the men and women who died 
fighting for freedom in South Africa and to welcome Nelson Mandela, a living symbol 
of freedom, on his visit to the United States. 

Senator Ballance offers a motion to suspend Rule 40(c) to allow consideration of the 
Senate simple resolution, which motion prevails. 

On motion of Senator Ballance, the rules are suspended, and the Senate simple 
resolution is taken from the Rules and Operation of the Senate Committee 
and is placed before the Senate for immediate consideration. 



June 28, 1990 



M4' . SENATE JOURNAL [Second Session 

On motion of Senator Ballance, the Senate resolution is adopted. (The text of this 
resolution appears in the Appendix.) 



CALENDAR (Continued) 

H.B. 688, a bill to increase the per diem allowance for members of the Board of 
Pharmacy. 

The bill passes its second (42-1) and third readings and is ordered enrolled. 

H.B. 2050 (Committee Substitute), a bill to comply with Title XI of the Financial 
Institutions Reform, Recovery, and Enforcement Act of 1989 by granting certain regu- 
latory authority to the North Carolina Real Estate Commission Real Estate Appraisal 
Committee, to redesignate it a board, and to add a new classification of voluntary 
appraiser certification, upon third reading. 

The Committee Substitute bill passes its third reading (41-0) and is ordered en- 
rolled. 

H.B. 2116, a bill to provide that the additional tax on motorcycles is to be used for 
the motorcycle safety instruction program. 

The Chair rules the bill does not require a call of the roll. 

On motion of Senator Rauch, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (43-1) and third readings and is ordered, 
without objection, sent to the House of Representatives, for concurrence in Senate 
Amendment No. 1 by special messenger. 

H.B. 2040 (Senate Committee Substitute), a bill to remove the percentage area 
limitation on voluntary satellite annexations by the City of Statesville, and to modify 
that limitation as to the Town of Wake Forest, temporarily displaced earlier, upon 
second reading. 

Senator Bryan offers Amendment No. 1 which is adopted (42-0). 

The Senate Committee Substitute bill, as amended, passes its second reading by 
roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, 
Hardin, Harris, Hunt of Durham, Johnson of Wake, Kaplan, Lee, Martin of Guil- 
ford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, 
Sands, Sherron, Smith, Soles, Speed, Staton, Swain, Taft, Tally, Ward, Wilson, 
and Winner — 42. 

Voting in the negative: None. 

The Senate Committee Substitute bill, as amended, is ordered placed on the Calen- 
dar for Monday, July 2, for further consideration, upon third reading. 



REPORTS OF COMMITTEES 

The following standing committee report is submitted out of the regular order of 
business, read by their titles, together with the report accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Conder for the Education Committee: 

H.B. 2114, a bill to allow Bladen County to acquire property for use by the Bladen 
and Columbus County Boards of Education, with a favorable report, as amended. 

H.B. 2158, a bill allowing construction of an elementary school in Bertie County 
using the design -build contract system, with a favorable report, as amended. 



June 28, 1990 



1990] -^<'! SENATE JOURNAL 135 

H.B. 2278, a bill to modify the school funding procedures for Robeson County, 
with a favorable report, as amended. 

Senator Daniel rises to a point of personal privilege to announce the nomination of 
the Honorable J. Ollie Harris, Senator from Cleveland County, for the Dr. Nathan 
Davis Award in the category of State Legislator. The Senate acknowledges the nomi- 
f nation with an ovation. 

On motion of Senator Barnes, seconded by Senator Johnson of Wake, the Senate 
adjourns at 2:05 P.M. to meet Monday, July 2, at 8:00 P.M. 



ONE HUNDRED FIFTY-FOURTH DAY 

. Senate Chamber, 

Monday, July 2, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Father, give to us today vision in our work, patience in our relationships, discipline 
in our personal lives, and openness in our relationship with You. 

"God, we are grateful that You know what we need before we ask. Thank You that 
You pursue us even when we are moving in directions contrary to Your purpose for our 
lives. Amen." 

Senator Barnes, President Pro Tempore , announces that the Journal of Thursday, 
June 28, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for tonight to Senator Staton, who had a 
prior commitment, and to Senator Guy and Senator Swain. 

Senator Murphy is noted present for a portion of tonight's Session. 

REPORTS OF COMMITTEES 

A bill is reported from a standing committee, read by its title, together with the 
report accompanying it, and takes its place on the Calendar, as follows: 

By Senator Tally for the Environment and Natural Resources Committee: 

S.B. 1378 (Committee Substitute), a bill to establish a moratorium on the transfer 
of waters. 

On motion of Senator Tally, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on her further motion 
the Committee Substitute bill is adopted. 

On motion of Senator Tally, the Committee Substitute bill is placed on the Calendar 
for tomorrow, July 3. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following resolution filed for introduction is presented to the Senate, read the 
first time, and disposed of as follows: 



July 2, 1990 



136 SENATE JOURNAL [Second Session 

By Senator Sherron: 

S.J.R. 1614, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to provide that the probationary time be- 
tv/een an interlocutory decree and final adoption order may be the same for private 
adoptions as those arranged by social services or a licensed child-placing agency. 

Referred to Rules and Operation of the Senate Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 2263 (Committee Substitute), a bill to require reporting to the Department of 
Administration of participation by disadvantaged businesses in public procurement 
contracts and to require the Department to collect, compile, and report the data; and 
to clarify the public bidding law for single-prime and separate-prime competitive bids. 

Referred to State Government Committee. 

HoB. 2276, a bill to allow the Board of Commissioners of Macon County to call an 
election within fire districts created under a local act to give voters the choice either to 
impose a minimum fee under that local act or to convert the district to a rural fire 
protection district. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

H.B. 2331, a bill to increase the annual fee paid by persons licensed to construct 
and persons who operate nuclear facilities to the Department of Environment, Health, 
and Natural Resources for planning and implementing emergency response activities. 

Referred to Environment and Natural Resources Committee and upon a 
favorable report re-referred to Finance Committee. 

S.B. 465, a bill to allow municipalities in the City of Winston-Salem, the Town of 
Erwin, and Franklin and Lenoir Counties to regulate the abandonment of junked mo- 
tor vehicles, for concurrence in the House Committee Substitute bill, which changes 
the House Committee Substitute bill from a local bill to a public bill, and changes the 
title, upon concurrence, to read S.B. 465 (House Committee Substitute), a bill to 
clarify the motor vehicle salvage title law and to require certain damage disclosures. 

Referred to Transportation Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.R. 2389 c House of Representatives . ' 

June 28, 1990 

Mr. President: 

It is ordered that a message be sent informing your Honorable Body that pursuant to 
H.R. 2389, "A HOUSE RESOLUTION TO ESTABLISH THE PROCEDURE FOR 
NOMINATING AND ELECTING A MEMBER OF THE BOARD OF GOVER- 
NORS OF THE UNIVERSITY OF NORTH CAROLINA TO FILL A CURRENT 
VACANCY", the House of Representatives has elected Dr. Priscilla Patterson Taylor 
to the Board of Governors of the University of North Carolina. 

Respectfully, 

;■■ ■-iiv.' , '^ --i^ .-■■-^•■/■.vs;-.,-'v , ■,■.■,'•• S/Grace A. Collins 

Principal Clerk 



July 2, 1990 



1990] SENATE JOURNAL 137 

• CALENDAR 

Bills on the Calendar are taken up and disposed of as follows: 

S.B. 1384, a bill to redefine the corporate boundaries of the Town of Stokesdale, 
upon third reading. 

The bill passes its third reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Hardin, 
Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Lee, Martin of Pitt, Martin of Guilford, Marvin, Odom, Parnell, Plyler, Rauch, 
Raynor, Richardson, Roy all. Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Tally, Walker, Ward, Wilson, and Winner— 43. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 1414, a bill to authorize Burke County to collect certain fees in the same man- 
ner as ad valorem taxes, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Hardin, 
Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Lee, Martin of Pitt, Martin of Guilford, Marvin, Odom, Parnell, Plyler, Rauch, 
Raynor, Richardson, Roy all. Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Tally, Walker, Ward, Wilson, and Winner— 43. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 1419, a bill to revise and consolidate the Charter of the City of Reidsville, 
upon third reading. 

The bill passes its third reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Hardin, 
Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Lee, Martin of Pitt, Martin of Guilford, Marvin, Odom, Parnell, Plyler, Rauch, 
Raynor, Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Tally, Walker, Ward, Wilson, and Winner— 43. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 1453, a bill to clarify the enabling legislation for subdivision ordinance provi- 
sions relating to recreation areas in Orange County, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Hardin, 
Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Lee, Martin of Pitt, Martin of Guilford, Marvin, Odom, Parnell, Plyler, Rauch, 
Raynor, Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Tally, Walker, Ward, Wilson, and Winner— 43. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 1462, a bill relating to assessments for underground electrical wiring in the 

City of High Point, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 43, noes 0, as follows: 
Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 

Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Hardin, 



July 2, 1990 



1^8 SENATE JOURNAL [Second Session 

Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Lee, Martin of Pitt, Martin of Guilford, Marvin, Odom, Parnell, Plyler, Rauch, 
Raynor, Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Tally, Walker, Ward, Wilson, and Winner— 43. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 1478 (Committee Substitute), a bill to incorporate the Town of Greenlevel in 
Alamance County, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Hardin, 
Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Lee, Martin of Pitt, Martin of Guilford, Marvin, Odom, Parnell, Plyler, Rauch, 
Raynor, Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Tally, Walker, Ward, Wilson, and Winner— 43. 

Voting in the negative: None. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

H.B. 2040 (Senate Committee Substitute), a bill to remove the percentage area 
limitation on voluntary satellite annexations by the City of Statesville, and to modify 
that limitation as to the Town of Wake Forest, as amended, upon third reading. 

The Senate Committee Substitute bill, as amended, passes its third reading by roll- 
call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Hardin, 
Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Lee, Martin of Pitt, Martin of Guilford, Marvin, Odom, Parnell, Plyler, Rauch, 
Raynor, Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Tally, Walker, Ward, Wilson, and Winner— 43. 

Voting in the negative: None. 

The Senate Committee Substitute bill, as amended, is ordered engrossed and sent to 
the House of Representatives, for concurrence in the Senate Committee Substitute bill. 

H.B. 2059, a bill to remove from the corporate limits of the Town of Black Moun- 
tain an area included in error in an annexation ordinance effective February 28, 1989, 
upon third reading. 

The bill passes its third reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Hardin, 
Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Lee, Martin of Pitt, Martin of Guilford, Marvin, Odom, Parnell, Plyler, Rauch, 
Raynor, Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Tally, Walker, Ward, Wilson, and Winner— 43. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2133, a bill to transfer a tract of land from the corporate limits of the City of 
Burlington to the corporate limits of the Town of Elon College, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Hardin, 
Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Lee, Martin of Pitt, Martin of Guilford, Marvin, Odom, Parnell, Plyler, Rauch, 
Raynor, Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Tally, Walker, Ward, Wilson, and Winner— 43. 

Voting in the negative: None. 

The bill is ordered enrolled. 



July 2, 1990 



1990] br ) i SENATE JOURNAL 139 

H.B. 2270 (Committee Substitute), a bill to amend the legal description of the land 
being within the municipal boundaries of the City of Durham and to amend the metes 
and bounds description of a portion of the real property located within the County of 
Durham set forth in Section 2, Chapter 435, Session Laws of 1985, upon third read- 
ing. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 43, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Hardin, 
Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Lee, Martin of Pitt, Martin of Guilford, Marvin, Odom, Parnell, Plyler, Rauch, 
Raynor, Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Tally, Walker, Ward, Wilson, and Winner— 43. 

Voting in the negative: None. 

The Committee Substitute bill is ordered enrolled. 



WITHDRAWAL FROM COMMITTEE 

S.J.R. 1610, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to alter the manner for selecting drainage 
commissioners and to provide notice prior to assessment. 

On motion of Senator Basnight, the rules are suspended, and the joint resolution is 
taken from the Rules and Operation of the Senate Committee and is placed at 
the end of tonight's Calendar for consideration. 

CALENDAR (Continued) 

S.B. 1383, a bill enabling the County of Macon to establish an airport authority for 
the operation and maintenance of airport facilities in the County of Macon for the 
citizens of Macon County and vicinity, as amended, upon second reading. 

On motion of Senator Rauch, Committee Amendment No. 3 is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 45, noes 0, 
as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Odom, Parnell, 
Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, 
Soles, Speed, Tally, Walker, Ward, Wilson, and Winner— 45. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, July 3, for 
further consideration, upon third reading. 

S.B. 1401, a bill to authorize Duplin County to collect certain fees in the same 
manner as ad valorem taxes, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Odom, Parnell, 
Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, 
Soles, Speed, Tally, Walker, Ward, Wilson, and Winner— 45. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, July 3, for further consid- 
eration, upon third reading. 



July 2, 1990 



140 SENATE JOURNAL [Second Session 

S.B. 1446, a bill to revise and consolidate the Charter of the City of Newton, upon 
second reading. 

The bill passes its second reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Odom, Parnell, 
Plyler, Rauch, Ray nor, Richardson, Roy all. Sands, Shaw, Sherron, Simpson, Smith, 
Soles, Speed, Tally, Walker, Ward, Wilson, and Winner— 45. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, July 3, for further consid- 
eration, upon third reading. 

H.B. 2113, a bill to provide that Bladen County is authorized to construct gas lines. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 2114, a bill to allow Bladen County to acquire property for use by the Bladen 
and Columbus County Boards of Education. 

On motion of Senator Conder, Committee Amendment No. 1 is adopted, changing 
the title, upon concurrence, to read, H.B. 2114, a bill to allow Bladen and Columbus 
Counties to acquire property for use by the Bladen and Columbus County Boards of 
Education. 

The bill, as amended, passes its second and third readings and is ordered sent to the 
House pf Representatives, for concurrence in Senate Amendment No. 1. 

H.B. 2158, a bill allowing construction of an elementary school in Bertie County 
using the design-build contract system. 

On motion of Senator Conder, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings and is ordered sent to the 
House of Representatives, for concurrence in Senate Amendment No. 1. 

H.B. 2278, a bill to modify the school funding procedures for Robeson County. 

On motion of Senator Conder, Committee Amendment No. 1 is adopted, changing 
the title, upon concurrence, to read, H.B. 2278, a bill to modify the school funding 
procedures for Robeson County and to appoint members of the Board of Education for 
the public schools of Robeson County. 

The bill, as amended, passes its second and third readings and is ordered sent to the 
House of Representatives, for concurrence in Senate Amendment No. 1. 

S.B. 1360 (Committee Substitute), a bill to reinstate sales tax on certain vehicles 
and vehicle parts, to modify the highway use tax and the alternate gross receipts tax, 
to increase certain fees to offset the loss of revenue resulting from the modifications to 
the Highway Use Tax, and to make technical changes in the laws affected by the 
Highway Trust Fund, upon second reading. 

On motion of Senator Rauch, the Committee Substitute bill, is recommitted to the 
Finance Committee. 

S.B. 1587 (Committee Substitute), a bill to improve the procedure for collecting 
debts owed the State by setting off the debts against tax refunds, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 44, 
noes 1, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, 
Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, 
Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Odom, Parnell, Plyler, 



July 2, 1990 



1990] ::r!c. w SENATE JOURNAL 141 

Rauch, Raynor, Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, 
Speed, Tally, Walker, Ward, Wilson, and Winner— 44. 

Voting in the negative: Senator Ballance— 1. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, July 
3, for further consideration, upon third reading. 

S.B. 1588, a bill to simplify the privilege Hcense tax on restaurants, upon second 
reading. 

On motion of Senator Rauch, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 44, noes 0, 
as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Odom, Parnell, 
Plyler, Rauch, Raynor, Richardson, Royall, Sands, Sherron, Simpson, Smith, Soles, 
Speed, Tally, Walker, Ward, Wilson, and Winner— 44. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, July 3, for 
further consideration, upon third reading. 

S.B. 937 (Committee Substitute), a bill to require people to be Hcensed to practice 
electrology. 

The Committee Substitute bill passes its second (44-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 1345 (Committee Substitute), a bill to make various changes to the State Per- 
sonnel Act. 

Senator Johnson of Wake offers Amendment No. 1 which is adopted (43-1). 

The Committee Substitute bill, as amended, passes its second reading (44-1). 

Senator Bryan objects to the third reading of the measure and the Committee Substi- 
tute bill, as amended, remains on the Calendar for tomorrow, July 3, for further con- 
sideration, upon third reading. 

S.B. 1402 (Committee Substitute), a bill to establish a performance management 
and pay advisory committee within each department, agency, and institution to ensure 
that performance pay increases are made in a fair and equitable manner. 

Senator Odom offers Amendment No. 1 which is adopted (45-0). 

The Committee Substitute bill, as amended, passes its second reading (44-0). 

Senator Odom objects to the third reading of the measure and the Committee Substi- 
tute bill, as amended, remains on the Calendar for tomorrow, July 3, for further con- 
sideration, upon third reading. 

S.B. 1467 (Committee Substitute), a bill to increase the fees that may be charged 
by the State Board of Barber Examiners. 

The Committee Substitute bill passes its second (45-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 1493 (Committee Substitute), a bill to impose a blood-alcohol content analy- 
sis fee to be paid by certain persons convicted of impaired driving. 

Without objection, on motion of Senator Soles, the Committee Substitute bill is tem- 
porarily displaced. 

S.J.R. 1604, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to provide the rules and procedures for 
municipal redistricting in 1991. 

The joint resolution passes its second (45-0) and third readings and is ordered sent 
to the House of Representatives. 



July 2, 1990 



142 SENATE JOURNAL [Second Session 

H.J.R. 2096, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to limit to four years service of the Speaker 
and Speaker Pro Tempore of the House of Representatives. 

The joint resolution passes its second (45-0) and third readings and is ordered en- 
rolled, 

H.J.R. 2240, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to extend to two years the time period for 
which victims ten years old or younger may receive compensation for economic loss 
from the Victims Compensation Fund. 

The joint resolution passes its second (45-0) and third readings and is ordered en- 
rolled. 

H.J.R. 2303, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to expand the egg promotion tax to include 
processed eggs. 

The joint resolution passes its second (45-0) and third readings and is ordered en- 
rolled. 

H.J.R. 2361, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to restrict parole, good time, and gain time 
eligibility for offenders who commit first and second degree murder, and to provide 
notification of parole hearings to the district attorney, the victim's family, and the 
arresting law enforcement agency. 

The joint resolution passes its second (45-0) and third readings and is ordered en- 
rolled . 

H.J.R. 2384, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to consolidate, clarify, and improve the 
Statutes relating to railroad/motor vehicle safety. 

The joint resolution passes its second (45-0) and third readings and is ordered en- 
rolled. 

H.J.R. 2385, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to provide for the licensure of crematory 
operators and to establish the crematory authority within the Board of Mortuary Sci- 
ence. 

The joint resolution passes its second (45-0) and third readings and is ordered en- 
rolled. 

H.J.R. 2387, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to repeal the sunset on the limitation on 
insurance required on waterslides. 

The joint resolution passes its second (45-0) and third readings and is ordered en- 
rolled. 

H.J.R. 2388, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to delay the effective date of presumptive 
child support guidelines prescribed by the Conference of Chief District Court Judges. 

The joint resolution passes its second (45-0) and third readings and is ordered en- 
rolled. 

S.J.R. 1610, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to alter the manner for selecting drainage 
commissioners and to provide notice prior to assessment. 

The joint resolution passes its second (45-0) and third readings and without objec- 
tion, on motion of Senator Basnight, is ordered sent to the House of Representatives 
by special messenger. 



July 2, 1990 



1990] A<^. SENATE JOURNAL 143 

S.B. 1493 (Committee Substitute), a bill to impose a blood-alcohol content analy- 
sis fee to be paid by certain persons convicted of impaired driving, temporarily dis- 
placed earlier. 

Senator Barker offers Amendment No. 1 which is adopted (45-0). 

The Committee Substitute bill, as amended, passes its second (43-1) and third 
readings and is ordered engrossed and sent to the House of Representatives. 



EXECUTIVE ORDER 

An Executive Order received is presented to the Senate and referred to committee, 
as follows: (See Appendix) 

Executive Order Number 120, An Executive Order establishing additional cri- 
teria for eligibility of certain members of the Coastal Resources Commission. 
Referred to State Government Committee. 



REPORTS OF COMMITTEES 

The following standing committee report is submitted out of the regular order of 
business, read by its title, together with the reports accompanying it, and takes its 
place on the Calendar, as follows: 

By Senator Royall for the Appropriations Committee: 

H.B. 1427 (Committee Substitute), a bill to appropriate funds to the Department of 
Insurance for a survey of dental risk management programs, and to modify per diem 
and officer salary authorization for the Board of Dental Examiners, with an unfavor- 
able report as to Committee Substitute bill, but favorable as to Senate Committee Sub- 
stitute bill with Amendment No. 1. 

On motion of Senator Royall, the rules are suspended, and the Senate Committee 
Substitute bill with Amendment No. 1 which changes the title, upon concurrence, to 
read H.B. 1427 (Senate Committee Substitute), a bill to modify per diem and officer 
salary authorization for the Board of Dental Examiners, is placed before the Senate 
for immediate consideration. 

On motion of Senator Royall, the Senate Committee Substitute bill with Amendment 
No. 1 is adopted, and on his further motion is placed on the Calendar for tomorrow, 
July 3, for further consideration. 

The President recognizes the following pages serving in the Senate this week: 

Tracey Barbour, Raleigh; Keith Binder, Raleigh; Anna Bo wen, Raleigh; Ashley 
Dozier, Raleigh; Charlie Finch, Raleigh; Trey Gaylord, Raleigh; Robert Griffin, 
Raleigh; Quasheba Hardiman, Fayetteville; Burton Holderness, Tarboro; Inez Hol- 
derness, Tarboro; Allison Liles, Raleigh; Maria Marbet, Raleigh; Jonathan E. 
Mitchell, Wendell; Julia Parsons, Raleigh; Michael L. Rhyne, Youngsville; Mac 
Smith, Raleigh; Nathaniel Teel, Charlotte; Angelica Williams, Middlesex; and Susan 
Young, Raleigh. 

On motion of Senator Barnes, seconded by Senator Carpenter, the Senate adjourns 
at 9:14 P.M. to meet tomorrow, July 3, at 12:30 P.M. 



July 2, 1990 



144 SENATE JOURNAL [Second Session 

ONE HUNDRED FIFTY-FIFTH DAY 

Senate Chamber, 
Tuesday, July 3, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Father, as we celebrate tomorrow the birth of this nation, help us to reflect today 
on an essential element of freedom— courage. 

"Someone once asked, 'Where does the courage come from to see the race to its 
end... it comes from within.' 

"Help us Father to take a penetrating look deep inside ourselves. Grant us the 
courage to face those giants in our own lives that threaten to undo us and rule over us. 

"Do not allow us to miss the most important lesson of the American Revolution, 
that no matter how large or intimidating the foe, real courage, the courage that comes 
from within is sufficient for the battle or for the task. 

"Remind us also that genuine courage seeks not war, but peace, even when struggle 
is necessary to liberate those who, for whatever reason, are not yet free, and not yet at 
peace. 

"For those men and women who courageously chose to risk all they had for free- 
dom, their freedom and ultimately our freedom, we give You thanks today. In Your 
Name, we pray, Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
July 2, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for today to Senator Martin of Pitt, due to 
personal reasons; to Senator Staton and Senator Swain. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.B. 688, an act to increase the per diem allowance for members of the Board of 
Pharmacy. (Ch. 825) 

H.B. 1030 (Committee Substitute), an act to amend the Statutes regulating bingo . 
(Ch. 826) 

H.B. 2050 (Committee Substitute), an act to comply with Title XI of the Financial 
Institutions Reform, Recovery, and Enforcement Act of 1989 by granting certain regu- 
latory authority to the North Carolina Real Estate Commission Real Estate Appraisal 
Committee, to redesignate it a board, and to add a new classification of voluntary 
appraiser certification. (Ch. 827) 

H.B. 2054, an act to allow the Mayor of the City of Whiteville to vote on all issues 
coming before the Council. (Ch. 828) 

H.B. 2061, an act enabling the Town of Edenton to pass ordinances requiring that 
certain residential dwelling units have automatic smoke detectors. (Ch. 829) 

H.B. 2116, an act to provide that the additional tax on motorcycles is to be used 
for the motorcycle safety instruction program. (Ch. 830) 



July 3, 1990 



1990] - SENATE JOURNAL 145 

H.B. 2134, an act to authorize the City of Burlington to convey a tract of land to 
Habitat for Humanity, at private sale. (Ch. 831) 

H.B. 2135, an act to authorize the City of Burlington to convey a tract of land to 
Ralph Scott Group Homes, Inc., at private sale. (Ch. 832) 

H.B. 2161 (Committee Substitute), an act to authorize the City of Oxford, North 
Carolina, to dispose of property by private sale in connection with lease-purchase ar- 
rangements for converting the D.N. Hix School complex into a city hall and fire 
house, and to allow McDowell County to reconvey property it obtained without mone- 
tary consideration because such property is not needed for the purpose it was acquired. 
(Ch. 833) 

H.B. 2208, an act to provide that it is unlawful to request ambulance service in 
Cleveland County when that service is not needed. (Ch. 834) 

S.B. 1346, an act to reduce the terms of Charlotte Housing Authority Commission- 
ers from five years to three years. (Ch. 835) 

S.B. 1371, an act to allow Henderson County to name private roads in unincor- 
porated areas. (Ch. 836) 

H.B. 2065, an act to repeal the prohibition on bear hunting in Dare County and to 
authorize the establishment of seasons for hunting black bears in Dare County. (Ch. 
837) 

H.B. 2059, an act to remove from the corporate limits of the Town of Black Moun- 
tain an area included in error in an annexation ordinance effective February 28, 1989. 
(Ch. 838) 

H.B. 2113, an act to provide that Bladen County is authorized to construct gas 
lines. (Ch. 839) 

H.B. 2133, an act to transfer a tract of land from the corporate limits of the City of 
Burlington to the corporate limits of the Town of Elon College. (Ch. 840) 

H.B. 2270 (Committee Substitute), an act to amend the legal description of the 
land being within the municipal boundaries of the City of Durham and to amend the 
metes and bounds description of a portion of the real property located within the 
County of Durham set forth in Section 2, Chapter 435, Session Laws of 1985. (Ch. 
841) 

S.J.R. 1436, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to provide that the governing body of a 
taxing unit may delay the accrual of interest on certain unpaid property taxes. (Res. 
48) 

S.J.R. 1560, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to amend the exceptional children's ap- 
peals process, to preserve federal funds, and to save the State replacement funds. 
(Res. 49) 

H.J.R. 2096, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to limit to four years service of the Speaker 
and Speaker Pro Tempore of the House of Representatives. (Res. 50) 

H.J.R. 2240, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to extend to two years the time period for 
which victims ten years old or younger may receive compensation for economic loss 
from the Victims Compensation Fund. (Res. 51) 



July 3, 1990 



146 SENATE JOURNAL [Second Session 

H.J.R. 2303, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to expand the egg promotion tax to include 
processed eggs. (Res. 52) 

H.J.R. 2361, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to restrict parole, good time, and gain time 
eligibility for offenders who commit first and second degree murder, and to provide 
notification of parole hearings to the district attorney, the victim's family, and the 
arresting law enforcement agency. (Res. 53) 

H.J.R. 2384, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to consolidate, clarify, and improve the 
Statutes relating to railroad/motor vehicle safety. (Res. 54) 

H.J.R. 2385, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to provide for the licensure of crematory 
operators and to establish the crematory authority within the Board of Mortuary Sci- 
ence. (Res. 55) 

H.J.R. 2387, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to repeal the sunset on the limitation on 
insurance required on waterslides. (Res. 56) 

H.J.R. 2388, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to delay the effective date of presumptive 
child support guidelines prescribed by the Conference of Chief District Court Judges. 
(Res. 57) 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.J.R. 985 (Committee Substitute No. 3), a joint resolution authorizing the Legis- 
lative Research Commission to study the issue of establishing a North Carolina Health 
Insurance Pool. 

Pursuant to Resolution 34, the Committee Substitute bill No. 3 is ordered held in the 
office of the Principal Clerk. 

S.B. 463 (House Committee Substitute No. 2), a bill providing for the regulation of 
athlete agents, for concurrence in the House Committee Substitute bill No. 2, which is 
placed on the Calendar for Thursday, July 5. 

S.B. 1406, a bill to delay the effective date of Chapter 372 of the 1989 Session 
Laws relating to the Wastewater Treatment Plant Operators Certification Commission, 
to provide for the study of the organization, functions, powers, and duties of the Was- 
tewater Treatment Plant Operators Certification Commission by the Environmental 
Review Commission, and to provide for a study by the Environmental Review Com- 
mission of the feasibility of levying a tax on the emission or air contaminants and on 
the discharge of waste from point sources to the surface waters of the State, for con- 
currence in House Amendment No. 1, which is placed on the Calendar for Thursday, 
July 5. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

July 3, 1990 



1990] SENATE JOURNAL 147 

S.B. 1383, a bill enabling the County of Macon to establish an airport authority for 
the operation and maintenance of airport facilities in the County of Macon for the 
citizens of Macon County and vicinity, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 35, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Carpenter, Chalk, 
Cochrane, Conder, Daughtry, Goldston, Hardin, Harris, Hunt of Durham, Johnson 
of Wake, Kincaid, Lee, Martin of Guilford, Marvin, Odom, Parnell, Plyler, Rauch, 
Raynor, Royall, Shaw, Sherron, Simpson, Smith, Soles, Speed, Taft, Tally, Walker, 
Ward, Wilson, and Winner— 35. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representa- 
tives. 

S.B. 1401, a bill to authorize Duplin County to collect certain fees in the same 
manner as ad valorem taxes, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 37, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Carpenter, 
Chalk, Cochrane, Conder, Daughtry, Goldston, Hardin, Harris, Hunt of Durham, 
Johnson of Wake, Kincaid, Lee, Martin of Guilford, Marvin, Odom, Parnell, Plyler, 
Rauch, Raynor, Richardson, Royall, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Taft, Tally, Walker, Ward, Wilson, and Winner— 37. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 1446, a bill to revise and consolidate the Charter of the City of Newton, upon 
third reading. 

The bill passes its third reading by roll-call vote, ayes 37, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Carpenter, 
Chalk, Cochrane, Conder, Daughtry, Goldston, Hardin, Harris, Hunt of Durham, 
Johnson of Wake, Kincaid, Lee, Martin of Guilford, Marvin, Odom, Parnell, Plyler, 
Rauch, Raynor, Richardson, Royall, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Taft, Tally, Walker, Ward, Wilson, and Winner— 37. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

H.B. 2085, a bill to provide that purchasing procedures and contracts for improve- 
ments for the Town of Topsail Beach shall be governed by general law. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 2191, a bill to allow the County of Pitt to acquire land for economic develop- 
ment and dispose of same without public sale. 

The bill passes its second and third readings and is ordered enrolled. 

S.B. 1587 (Committee Substitute), a bill to improve the procedure for collecting 
debts owed the State by setting off the debts against tax refunds, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 39, 
noes 1, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Carpenter, Chalk, 
Cochrane, Conder, Daniel, Daughtry, Goldston, Hardin, Harris, Hunt of Durham, 
Johnson of Wake, Kaplan, Kincaid, Lee, Martin of Guilford, Marvin, Odom, Par- 
nell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, Sherron, Simpson, 
Smith, Soles, Speed, Taft, Tally, Walker, Ward, Wilson, and Winner— 39. 

Voting in the negative: Senator Ballance— 1. 

Without objection, on motion of Senator Barker, the bill is ordered sent to the 
House of Representatives by special messenger. 



July 3, 1990 



148 SENATE JOURNAL [Second Session 

S.B. 1588, a bill to simplify the privilege license tax on restaurants, as amended, 
upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 38, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Goldston, Hardin, Harris, 
Hunt of Durham, Johnson of Wake, Kaplan, Kincaid, Martin of Guilford, Marvin, 
Odom, Parnell, Plyler, Rauch, Richardson, Royall, Sands, Sherron, Simpson, Smith, 
Soles, Speed, Taft, Tally, Walker, Ward, Wilson, and Winner— 38. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representa- 
tives. 

S.B. 1378 (Committee Substitute), a bill to establish a moratorium on the transfer 
of waters. 

The Committee Substitute bill passes its second reading (44-0) . 

Senator Johnson of Wake objects to the third reading of the bill. 

The Chair orders the Committee Substitute bill placed on the Calendar for Thurs- 
day, July 5, for further consideration, upon third reading. 

H.B. 1427 (Senate Committee Substitute), a bill to modify per diem and officer 
salary authorization for the Board of Dental Examiners. 

Senator Royall offers a motion that the vote by which the Senate Committee Substi- 
tute bill with Amendment No. 1 was adopted be reconsidered, which motion prevails. 

Senator Royall offers a motion that the rules be suspended to allow Amendment No. 
1, directed to the House Committee Substitute bill and inadvertently placed into the 
jacket of the Senate Committee Substitute bill, be taken from the Senate Committee 
Substitute bill and placed in the original bill which was given an unfavorable report but 
favorable as to the Senate Committee Substitute bill. The motion prevails and the 
question becomes the adoption of the Senate Committee Substitute bill. 

Senator Royall offers a motion that the Senate Committee Substitute bill, printed as 
Edition Number 3, be adopted, which motion prevails and the bill remains before the 
Senate for further consideration, upon second reading. 

The Senate Committee Substitute bill passes its second (43-0) and third readings 
and is ordered sent to the House of Representatives, for concurrence in the Senate 
Committee Substitute bill. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Sands for the Local Government and Regional Affairs Commit- 
tee: 

S.B. 1448, a bill to allow Cherokee County to establish a county recreation and 
security service district, and levy a tax in that district for services of the district, sub- 
ject to a referendum, with a favorable report. 

On motion of Senator Sands, the bill is re-referred to the Finance Committee. 

H.B. 2076, a bill to authorize the Board of Commissioners of Davidson County to 
adopt an ordinance prohibiting the discharge of firearms or pellet guns from the road- 
ways and rights-of-way in Davidson County, with a favorable report. 

H.B. 2081, a bill to increase the maximum vehicle tax that can be levied in the 
City of Gastonia from five dollars to fifteen dollars, with a favorable report. 

On motion of Senator Sands, the bill is re-referred to the Finance Committee. 



July 3, 1990 



1990] SENATE JOURNAL 149 

H.B. 2084, a bill to authorize the Village of Bald Head Island to contract for water 
supply and pressure for fire protection purposes without complying with the bid statutes 
and to impose special assessments, with a favorable report. 

On motion of Senator Sands, the bill is re-referred to the Finance Committee. 

H.B. 2119, a bill to authorize Davie County to levy a room occupancy and tourism 
development tax, with a favorable report. 

On motion of Senator Sands, the bill is re-referred to the Finance Committee. 

H.B. 2120, a bill to allow the Davie County Board of County Commissioners to 
increase the extraterritorial planning jurisdiction of the Town of Mocksville within 
Davie County out to two miles beyond the corporate limits, with a favorable report. 

H.B. 2123, a bill to allow Henderson County to name private roads in unincor- 
porated areas, with a favorable report. 

H.B. 2153, a bill to change the responsibility for appointing and supervising the 
City Clerk and City Treasurer (Finance Director) of the City of Statesville from the 
Council to the Manager, with a favorable report. 

H.B. 2188, a bill to permit the Wake County to use unmarked county vehicles for 
delivery of certain human services, with a favorable report. 

H.B. 2193, a bill to allow the Harnett County Board of Commissioners, after pub- 
lic hearing, to extend the boundaries of any voted fire protection district out to five 
road miles, with a favorable report. 

On motion of Senator Sands, the bill is re-referred to the Finance Committee. 

H.B. 2196, a bill to authorize the Town of Caswell Beach to create a sea turtle 
sanctuary, with a favorable report. 

H.B. 2201, a bill to exclude from the corporate limits of the Town of Laurel Park 
an area recently discovered to be within those limits, with a favorable report. 

H.B. 2228, a bill to reduce the number of appeals board votes required to reverse or 
modify an order of the City of Charlotte Housing Code official, with a favorable re- 
port. 

H.B. 2243 (Committee Substitute), a bill to increase the membership of the 
Elizabeth City-Pasquotank County Airport Authority, with a favorable report. 

H.B. 2247, a bill allowing the City of Lumberton in arriving at the amount of con- 
sideration for an economic development conveyance to take into consideration pro- 
spective revenues generated by the development, with a favorable report. 

H.B. 2256, a bill to authorize the Town of Pilot Mountain to extend its extraterrito- 
rial zoning, with a favorable report. 

H.B. 2261, a bill to allow the Charlotte City Manager to settle claims against the 
City which do not exceed thirty thousand dollars without giving prior notice to the 
Charlotte City Council, with a favorable report. 

H.B. 2272, a bill to modify the authority of Henderson County to regulate the sub- 
division of land, with a favorable report. 

H.B. 2273, a bill amending the Charter of the City of Winston-Salem relating to 
fair housing, with a favorable report. 

S.B. 1447, a bill to suspend the operation of an annexation ordinance of the Town 
of Andrews, with an unfavorable report as to bill, but favorable as to Committee Sub- 
stitute bill. 

On motion of Senator Sends, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
the Committee Substitute bill is adopted. 



July 3, 1990 



150 SENATE JOURNAL [Second Session 

On motion of Senator Sands, the Committee Substitute bill is re-referred to the Fi- 
nance Committee. 



CALENDAR (Continued) 

S.B. 1345 (Committee Substitute), a bill to make various changes to the State Per- 
sonnel Act, as amended, upon third reading. 

On motion of Senator Johnson of Wake, consideration of the Committee Substitute 
bill, as amended, is postponed until Monday, July 9. 

S.B. 1402 (Committee Substitute), a bill to establish a performance management 
and pay advisory committee within each department, agency, and institution to ensure 
that performance pay increases are made in a fair and equitable manner, as amended, 
upon third reading. 

The Committee Substitute bill, as amended, passes its third reading (45-0) and is 
ordered engrossed and sent to the House of Representatives. 



REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Johnson of Wake for the Judiciary III Committee: 

H.B. 170, a bill to amend the law regarding property tax incentives for historic 
properties, with a favorable report. 

H.B. 608, a bill to authorize water and sewer condemnors to exercise the power of 
quick-take in accordance with the provisions of Chapter 40A of the General Statutes 
as recommended by the General Statutes Commission, with a favorable report. 



CALENDAR (Continued) 

S.B. 1378 (Committee Substitute), a bill to establish a moratorium on the transfer 
of waters, upon third reading. 

Senator Johnson of Wake withdraws his objection to third reading and with unani- 
mous consent, the Committee Substitute bill is withdrawn from the Calendar of Thurs- 
day, July 5, and is placed before the Senate for further consideration upon its third 
reading. 

The Committee Substitute bill passes its third reading (45-0) and is ordered sent to 
the House of Representatives. 



REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Rauch for the Finance Committee: 

S.B. 1392 (Committee Substitute), a bill to modify the corporate limits of the Town 
of Pineville and the City of Charlotte, with a favorable report. 



July 3, 1990 



1990] SENATE JOURNAL 151 

S.B. 1481 (Committee Substitute), a bill to authorize Pender County and Surf City 
to collect certain fees in the same manner as ad valorem taxes, with a favorable re- 
port. 

H.B. 755 (Committee Substitute), a bill concerning voluntary satellite annexations 
by the Town of Garner, with a favorable report. 

H.B. 2045, a bill to allow the Town of Wake Forest to make special assessments 
without petition for the placement of utility lines underground, with a favorable report. 

H.B. 2075, a bill to authorize the Town of Cary to levy an occupancy tax, with a 
favorable report. 

H.B. 2087, a bill to allow the Town of Sunset Beach to make special assessments 
for undergrounding of cable television lines, with a favorable report. 

H.B. 2184, a bill to provide for the registration of land in Warren County and to 
require any person hunting or possessing a firearm or bow and arrow that is readily 
available for use to secure an entry permit before entering or remaining on registered 
land or remaining on abutting portions of highway, with a favorable report. 

H.B. 2195, a bill to authorize the Town of Long Beach to compromise or forgive 
local occupancy tax penalties, with a favorable report. 

S.B. 1408 (Committee Substitute), a bill to provide for supplemental fees, licenses, 
written examinations, and continuing education for agents who sell Medicare supple- 
ment or long-term care insurance policies; to fund the seniors' health insurance infor- 
mation program; and to amend the Medicare supplement insurance law in accordance 
with recent congressional action, with a favorable report, as amended. 

H.B. 2079, a bill to increase the maximum vehicle tax that can be levied in the 
Town of Ahoskie from five dollars to ten dollars, with a favorable report, as amended. 

S.B. 1534, a bill to establish fees for processing applications for mining permits 
and applications for modifications and renewals of existing mining permits, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Rauch, the rules are suspended, and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration and on his further 
motion the Committee Substitute bill is adopted. 

On motion of Senator Rauch, the Committee Substitute bill is placed on the Calen- 
dar for Thursday, July 5, for further consideration. 

S.B. 1535, a bill to establish fees for processing applications for approval of con- 
struction, repair, alteration, or removal of dams, with an unfavorable report as to bill, 
but favorable as to Committee Substitute bill. 

On motion of Senator Rauch, the rules are suspended, and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration and on his further 
motion the Committee Substitute bill is adopted. 

On motion of Senator Rauch, the Committee Substitute bill is placed on the Calen- 
dar for Thursday, July 5, for further consideration. 

S.B. 1536, a bill to establish fees for processing erosion control plan approvals 
under the Sedimentation Pollution Control Act of 1973, with an unfavorable report as 
to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Rauch, the rules are suspended, and the Committee Substi- 
tute bill which changes the title to read, S.B. 1536 (Committee Substitute), a bill to 
establish fees for processing erosion control plan approvals under the Sedimentation 
Pollution Control Act, is placed before the Senate for immediate consideration. 



July 3, 1990 



152 SENATE JOURNAL [Second Session 

On motion of Senator Rauch, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Thursday, July 5, for further considera- 
tion. 

S.B. 1559, a bill to support local health programs through an increase in the license 
tax on food and lodging facilities, with an unfavorable report as to bill, but favorable 
as to Committee Substitute bill. 

On motion of Senator Rauch, the rules are suspended, and the Committee Substi- 
tute bill which changes the title to read, S.B. 1559 (Committee Substitute), a bill to 
support public health programs and activities through an annual fee for food and lodg- 
ing facilities and meat markets, is placed before the Senate for immediate considera- 
tion. 

On motion of Senator Rauch, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Thursday, July 5, for further considera- 
tion. 



Nomination of Senator Marshall A. Rauch ^ 

for National Entrepreneur Award ^ 

Senator Soles rises to a point of personal privilege and brings to the attention of the 
Senate that the Honorable Marshall A. Rauch, Senator from Gaston County, has 
been named the Senior Master Entrepreneur and the Honorable Wendell H. Murphy, 
Senator from Duplin County, has been named a runner-up, in a state- wide competi- 
tion sponsored by the international accounting firm of Ernst and Young. As a state- 
wide winner. Senator Rauch will compete for national recognition. The Senate re- 
sponds with an ovation. / 

On motion of Senator Barnes, seconded by Senator Cochrane, the Senate adjourns 
at 1:15 P.M., in observance of Independence Day, to meet Thursday, July 5, at 
1:00 P.M. 



ONE HUNDRED FIFTY-SIXTH DAY 

r ; Senate Chamber, ■ 

Thursday, July 5, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: ;,* 

"Father, we stand before You today as a corporate body and as individuals ac- 
knowledging that our needs are as diverse and complex as the number of people in this 
Chamber at this moment. 

"Yet, as numerous and big as our needs are, we recognize that Your ability to meet 
our needs is greater than the needs themselves. We are grateful that Your patience is 
larger than our unwillingness to change, that Your compassion is deeper than our 
pain, that Your belief in us outdistances our self-doubt, and that Your love for us 
overwhelms our transgressions. 

"For these realities of who You are in relationship to us, for the fact of Your stead- 
fast and unchanging nature, we are grateful, today and always. Amen." 



July 5, 1990 



1990] SENATE JOURNAL 153 

Senator Barnes, President Pro Tempore , announces that the Journal of Tuesday, 
July 3, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for today to Senator Harris and Senator 
Rauch, due to a flight delay; to Senator Swain, Senator Johnson of Cabarrus, and 
Senator Staton. 

It is noted that Senator Harris and Senator Rauch are present for a portion of to- 
day's Session. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolution properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 896 (Committee Substitute), an act to include fire sprinkler contractors under 
the licensure requirements of the State Board of Examiners of plumbing and heating 
contractors; and to change the composition of the Board. (Ch. 842) 

S.B. 1479, an act to enable residents of the City of Mebane to fish without a hook 
and line fishing license within Lake Michael, a municipal water impoundment. (Ch. 
843) 

H.B. 736, an act to increase the civil penalties for violations under the Occupa- 
tional Safety and Health Act of North Carolina. (Ch. 844) 

H.B. 2047 (Senate Committee Substitute), an act to provide for direct conversion 
of a savings institution to a bank and a bank to a savings institution. (Ch. 845) 

H.B. 2085, an act to provide that purchasing procedures and contracts for im- 
provements for the Town of Topsail Beach shall be governed by general law. (Ch. 
846) 

H.B. 2191, an act to allow the County of Pitt to acquire land for economic develop- 
ment and dispose of same without public sale. (Ch. 847) 

S.J.R. 1610, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to alter the manner for selecting drainage 
commissioners and to provide notice prior to assessment. (Res. 58) 



INTRODUCTION OF BILL 

Senator Winner, upon receipt of a fiscal note, offers a motion that S.B. 1581, a bill 
to enact the 1990 Omnibus Drug Act, ordered held as filed in the Office of the Princi- 
pal Clerk on June 6, 1990, pursuant to Resolution 34, be called from the Clerk's 
Office and presented to the Senate, which motion prevails. The bill passes its first 
reading and on motion of Senator Winner is referred to the Judiciary II Commit- 
tee. 



REPORTS OF COMMITTEES 

Bills are reported from a standing committee, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

Without objection, the Chair orders Committee Substitute bills reported from Com- 
mittee today placed on the Calendar for Monday, July 9. 



July 5, 1990 



154 SENATE JOURNAL [Second Session 

By Senator Johnson of Wake for the Judiciary III Committee: 

S.B. 1568, a bill to provide that prisoners incarcerated in the State prison system 
shall be required to reimburse the State for the cost of their incarceration, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Johnson of Wake, the rules are suspended, and the Commit- 
tee Substitute bill is placed before the Senate for immediate consideration and on his 
further motion the Committee Substitute bill is adopted. 

Without objection, the Chair orders the Committee Substitute bill placed on the Cal- 
endar for Monday, July 9, for further consideration. 

H.B. 1147 (Senate Committee Substitute), a bill to clarify that a joint tenancy with 
right of survivorship may be created if the right of survivorship is expressly provided for 
in the instrument creating the joint tenancy, with an unfavorable report as to Senate 
Committee Substitute bill No. 1, but favorable as to Senate Committee Substitute bill 
No. 2. 

On motion of Senator Johnson of Wake, the rules are suspended, and the Senate 
Committee Substitute bill No. 2 is placed before the Senate for immediate considera- 
tion and on his further motion the Senate Committee Substitute bill No. 2 is adopted. 

Without objection, the Chair orders the Senate Committee Substitute bill No. 2 
placed on the Calendar for Monday, July 9, for further consideration. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

S.B. 1351, a bill to make technical changes relating to joint, trust, and personal 
agency accounts at financial institutions, for concurrence in House Amendment No. 
1, which is placed on the Calendar for tomorrow, July 6. 

S.B. 1362 (House Committee Substitute), a bill to treat investments in a partner- 
ship in which the North Carolina Enterprise Corporation is the only general partner as 
an investment in the corporation and to extend the tax credit for investments in an 
enterprise corporation, for concurrence in the House Committee Substitute bill. 

On motion of Senator Winner, the rules are suspended, without objection, and the 
House Committee Substitute is placed before the Senate for immediate consideration. 

The Senate concurs in the House Committee Substitute bill (37-0) , and the House 
Committee Substitute bill is ordered enrolled. 

H.B. 2093 (Committee Substitute), a bill to allow any local government which has 
established an erosion and sediment control plan approved by the North Carolina 
Sedimentation Control Commission to receive the penalty fees imposed for failure to 
submit an erosion control plan. 

Referred to Finance Committee. 

H.B. 2129 (Committee Substitute), a bill relating to Cabarrus Memorial Hospital. 
Referred to Local Government and Regional Affairs Committee. 

H.J.R. 2396, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a joint resolution honoring the life and memory of William T. "Billy" 
Watkins. 

Referred to Rules and Operation of the Senate Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 



July 5, 1990 



1990] SENATE JOURNAL 155 

S.B. 1392 (Committee Substitute), a bill to modify the corporate limits of the Town 
of Pineville and the City of Charlotte, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 41, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Bryan, Car- 
penter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, 
Hunt of Durham, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Richardson, Royall, Sands, 
Shaw, Sherron, Simpson, Smith, Soles, Speed, Tally, Walker, Ward, Wilson, and 
Winner — 41. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, July 
6, for further consideration, upon third reading. 

S.B. 1481 (Committee Substitute), a bill to authorize Pender County and Surf City 
to collect certain fees in the same manner as ad valorem taxes, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 41, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Bryan, Car- 
penter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, 
Hunt of Durham, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Richardson, Royall, Sands, 
Shaw, Sherron, Simpson, Smith, Soles, Speed, Tally, Walker, Ward, Wilson, and 
Winner — 41. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, July 
6, for further consideration, upon third reading. 

H.B. 755 (Committee Substitute), a bill concerning voluntary satellite annexations 
by the Town of Garner, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 41, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Bryan, Car- 
penter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, 
Hunt of Durham, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Richardson, Royall, Sands, 
Shaw, Sherron, Simpson, Smith, Soles, Speed, Tally, Walker, Ward, Wilson, and 
Winner — 41. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, July 
6, for further consideration, upon third reading. 

H.B. 2045, a bill to allow the Town of Wake Forest to make special assessments 
without petition for the placement of utility lines underground, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Bryan, Car- 
penter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, 
Hunt of Durham, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Richardson, Royall, Sands, 
Shaw, Sherron, Simpson, Smith, Soles, Speed, Tally, Walker, Ward, Wilson, and 
Winner — 41. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, July 6, for further consid- 
eration, upon third reading. 

H.B. 2075, a bill to authorize the Town of Cary to levy an occupancy tax, upon 
second reading. 

The bill passes its second reading by roll-call vote, ayes 41, noes 0, as follows: 



July 5, 1990 



156 SENATE JOURNAL [Second Session 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Bryan, Car- 
penter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, 
Hunt of Durham, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Richardson, Royall, Sands, 
Shaw, Sherron, Simpson, Smith, Soles, Speed, Tally, Walker, Ward, Wilson, and 
Winner — 41. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, July 6, for further consid- 
eration, upon third reading. 

H.B. 2079, a bill to increase the maximum vehicle tax that can be levied in the 
Town of Ahoskie from five dollars to ten dollars, upon second reading. 

On motion of Senator Rauch, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 40, noes 1, 
as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Bryan, Car- 
penter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, 
Hunt of Durham, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Richardson, Sands, Shaw, Sher- 
ron, Simpson, Smith, Soles, Speed, Tally, Walker, Ward, Wilson, and Winner— 40. 

Voting in the negative: Senator Royall— L 

The bill, as amended, is ordered placed on the Calendar for tomorrow, July 6, for 
further consideration, upon third reading. 

H.B. 2087, a bill to allow the Town of Sunset Beach to make special assessments 
for undergrounding of cable television lines, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Bryan, Car- 
penter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, 
Hunt of Durham, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Richardson, Royall, Sands, 
Shaw, Sherron, Simpson, Smith, Soles, Speed, Tally, Walker, Ward, Wilson, and 
Winner — 41. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, July 6, for further consid- 
eration, upon third reading. 

H.B. 2184, a bill to provide for the registration of land in Warren County and to 
require any person hunting or possessing a firearm or bow and arrow that is readily 
available for use to secure an entry permit before entering or remaining on registered 
land or remaining on abutting portions of highway, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Bryan, Car- 
penter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, 
Hunt of Durham, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Richardson, Royall, Sands, 
Shaw, Sherron, Simpson, Smith, Soles, Speed, Tally, Walker, Ward, Wilson, and 
Winner — 41. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, July 6, for further consid- 
eration, upon third reading. 

H.B. 2201, a bill to exclude from the corporate limits of the Town of Laurel Park 
an area recently discovered to be within those limits, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 41, noes 0, as follows: 
Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Bryan, Car- 
penter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, 



July 5, 1990 



1990] SENATE JOURNAL 157 

Hunt of Durham, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Richardson, Royall, Sands, 
Shaw, Sherron, Simpson, Smith, Soles, Speed, Tally, Walker, Ward, Wilson, and 
Winner — 41. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, July 6, for further consid- 
eration, upon third reading. 

H.B. 2170, a bill to revise and consolidate the Charter of the Town of Chadbourn, 
upon second reading. 

Without objection, on motion of Senator Sands, the bill is taken up out of its regular 
order of business. 

On motion of Senator Sands, Committee Amendment No. 1 is adopted. 

Senator Sands offers Amendment No. 2 which is adopted (41-0). 

The bill, as amended, passes its second reading by roll-call vote, ayes 42, noes 0, 
as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Bryan, Car- 
penter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, 
Hunt of Durham, Johnson of Wake, Kaplan, Lee, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Odom, Parnell, Plyler, Raynor, Richardson, Royall, Sands, Shaw, 
Sherron, Simpson, Smith, Soles, Speed, Taft, Tally, Walker, Ward, Wilson, and 
Winner— 42. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, July 6, for 
further consideration, upon third reading. 

H.B. 2076, a bill to authorize the Board of Commissioners of Davidson County to 
adopt an ordinance prohibiting the discharge of firearms or pellet guns from the road- 
ways and rights-of-way in Davidson County. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2120, a bill to allow the Davie County Board of County Commissioners to 
increase the extraterritorial planning jurisdiction of the Town of Mocksville within 
Davie County out to two miles beyond the corporate limits. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2123, a bill to allow Henderson County to name private roads in unincor- 
porated areas. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2153, a bill to change the responsibility for appointing and supervising the 
City Clerk and City Treasurer (Finance Director) of the City of Statesville from the 
Council to the Manager. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2188, a bill to permit Wake County to use unmarked county vehicles for de- 
livery of certain human services. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2195, a bill to authorize the Town of Long Beach to compromise or forgive 
local occupancy tax penalties. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2196, a bill to authorize the Town of Caswell Beach to create a sea turtle 
sanctuary. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2228, a bill to reduce the number of appeals board votes required to reverse or 
modify an order of the City of Charlotte Housing Code official. 

The bill passes its second and third readings and is ordered enrolled. 



July 5, 1990 



158 SENATE JOURNAL [Second Session 

H.B. 2243 (Committee Substitute), a bill to increase the membership of the 
Elizabeth City-Pasquotank County Airport Authority. 

The Committee Substitute bill passes its second and third readings and is ordered 
enrolled. 

H.B. 2256, a bill to authorize the Town of Pilot Mountain to extend its extraterrito- 
rial zoning. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2261, a bill to allow the Charlotte City Manager to settle claims against the 
City which do not exceed thirty thousand dollars without giving prior notice to the 
Charlotte City Council. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2272, a bill to modify the authority of Henderson County to regulate the sub- 
division of land. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2273, a bill amending the Charter of the City of Winston-Salem relating to 
fair housing. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2247, a bill allowing the City of Lumberton in arriving at the amount of con- 
sideration for an economic development conveyance to take into consideration pro- 
spective revenues generated by the development. 

Without objection, on motion of Senator Carpenter, the bill is taken up out of its 
regular order of business. 

Senator Carpenter offers Amendment No. 1 which is adopted (43-0) changing the 
title, upon concurrence, to read, H.B. 2247, a bill allowing the City of Lumberton 
and the County of Macon in arriving at the amount of consideration for an economic 
development conveyance to take into consideration prospective revenues generated by 
the development. 

The bill, as amended, passes its second and third readings and is ordered sent to the 
House of Representatives, for concurrence in Senate Amendment No. 1. 

S.B. 1559 (Committee Substitute), a bill to support public health programs and 
activities through an annual fee for food and lodging facilities and meat markets, upon 
second reading. 

Without objection, on motion of Senator Rauch, the Committee Substitute bill is 
temporarily displaced. 



REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Sands for the Local Government and Regional Affairs Commit- 
tee: 

H.B. 899 (Committee Substitute), a bill to allow Randolph County to create rural 
fire protection districts contiguous with the boundaries of existing county fire service 
districts, and to annex territory to rural fire protection districts, with a favorable re- 
port, as amended. 

On motion of Senator Sands, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
Committee Amendment No. 1 is adopted. 



July 5, 1990 



1990] ^ SENATE JOURNAL 159 

On motion of Senator Sands, the Committee Substitute bill, as amended, is re- 
referred to the Finance Committee. 

H.B. 2101, a bill to annex certain described territory to the Town of Trent Woods, 
and providing that the general law on compensation of municipal officers shall apply, 
with a favorable report, as amended. 

On motion of Senator Sands, the rules are suspended, and the bill is placed before 
the Senate for immediate consideration and on his further motion Committee Amend- 
ment No. 1 is adopted. 

On motion of Senator Sands, the bill, as amended, is re-referred to the Finance 
Committee. 

H.B. 2171, a bill to amend the Charter of the City of Greensboro with respect to 
recall petitions, with a favorable report, as amended. 

H.B. 2121, a bill to authorize the Board of Commissioners of Davie County to 
adopt an ordinance prohibiting the discharge of firearms or pellet guns from the road- 
ways and rights-of-way in Davie County, with an unfavorable report as to bill, but 
favorable as to Senate Committee Substitute bill. 

On motion of Senator Sands, the rules are suspended, and the Senate Committee 
Substitute bill, which changes the title, upon concurrence, to read, H.B. 2121 (Sen- 
ate Committee Substitute), a bill to authorize the Board of Commissioners of Davie 
County to adopt an ordinance prohibiting the discharge of firearms or pellet guns from 
the roadways and rights-of-way in Davie County, and to authorize the Davie County 
Board of Education to convey or release any remaining interests in certain real prop- 
erty, is placed before the Senate for immediate consideration. 

On motion of Senator Sands, the Senate Committee Substitute bill is adopted, and 
without objection, on his further motion is placed on the Calendar for Monday, July 9, 
for further consideration. 

By Senator Speed for the Agriculture Committee: 

H.B. 2282 (Committee Substitute), a bill to encourage recycling of food processing 
by-products and to require reports from the Department of Environment, Health, and 
Natural Resources concerning the land application of food processing by-products, 
with a favorable report. 

By Senator Rauch for the Finance Committee: 

S.B. 1360 (Committee Substitute), a bill to reinstate sales tax on certain vehicles 
and vehicle parts, to modify the highway use tax and the alternate gross receipts tax, 
to increase overweight permit fees and other fees to offset the loss of revenue resulting 
from the modifications to the highway use tax, and to make technical changes in the 
laws affected by the Highway Trust Fund, with an unfavorable report as to Committee 
Substitute bill No. 1, but favorable as to Committee Substitute bill No. 2. 

On motion of Senator Rauch, the rules are suspended, and the Committee Substi- 
tute bill No. 2, which changes the title to read, S.B. 1360 (Committee Substitute No. 
2), a bill to reinstate sales tax on certain vehicles and vehicle parts, to modify the 
highway use tax and the alternate gross receipts tax, to increase certain fees to offset 
the loss of revenue resulting from the modifications to the highway use tax, and to 
make technical changes in the laws affected by the Highway Trust Fund, is placed 
before the Senate for immediate consideration. 

On motion of Senator Rauch, the Committee Substitute bill No. 2 is adopted, and 
on his further motion is placed on the Calendar for tomorrow, July 6, for further con- 
sideration. 



July 5, 1990 



160 SENATE JOURNAL [Second Session 

CALENDAR (Continued) 

S.B. 1559 (Committee Substitute), a bill to support public health programs and 
activities through an annual fee for food and lodging facilities and meat markets, upon 
second reading, temporarily displaced earlier. 

Without objection, on motion of Senator Rauch, the Committee Substitute bill is 
placed at the end of today's Calendar. 

H.B. 170, a bill to amend the law regarding property tax incentives for historic 
properties, upon second reading. 

Senator Bryan offers Amendment No. 1, held to be material. 

Upon a point of order, the Chair orders the bill, with Amendment No. 1 pending, 
recommitted to the Finance Committee, pursuant to Rule 42. 

H.B. 608, a bill to authorize water and sewer condemnors to exercise the power of 
quick-take in accordance with the provisions of Chapter 40A of the General Statutes 
as recommended by the General Statutes Commission, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 43, noes 1, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Conder, Daughtry, Ezzell, Goldston, Hardin, Har- 
ris, Hunt of Durham, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Mar- 
tin of Guilford, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, 
Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Taft, Tally, Walker, Ward, 
Wilson, and Winner — 43. 

Voting in the negative: Senator Cochrane— 1. 

The bill is ordered placed on the Calendar for tomorrow, July 6, for further consid- 
eration, upon third reading. 

S.B. 1408 (Committee Substitute), a bill to provide for supplemental fees, licenses, 
written examinations, and continuing education for agents who sell Medicare supple- 
ment or long-term care insurance policies; to fund the seniors' health insurance infor- 
mation program; and to amend the Medicare supplement insurance law in accordance 
with recent congressional action. 

On motion of Senator Rauch, Committee Amendment No. 1 and Committee 
Amendment No. 2, which change the title to read, S.B. 1408 (Committee Substi- 
tute), a bill to provide for supplemental fees, licenses, written examinations, and con- 
tinuing education for agents who sell Medicare supplement or long-term care insur- 
ance policies; and to amend the Medicare supplement insurance law in accordance 
with recent congressional action, are adopted. 

The Committee Substitute bill, as amended, passes its second (45-0) and third 
readings and is ordered engrossed and sent to the House of Representatives. 

S.B. 1534 (Committee Substitute), a bill to establish fees for processing applica- 
tions for mining permits and applications for modifications and renewals of existing 
mining permits. 

The Committee Substitute bill passes its second (43-0) and third readings and is 
ordered sent to the House of Representatives. 

REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Murphy for the Higher Education Committee: 

H.B. 2186 (Committee Substitute), a bill to amend the laws relating to the regula- 
tion of proprietary schools, with a favorable report. 



July 5, 1990 



1990] > SENATE JOURNAL 161 

S.B. 1439, a bill to transfer the Veterans and Military Education Program from the 
Department of Community Colleges and the State Board of Community Colleges to the 
Board of Governors of the University of North Carolina, with a favorable report, as 
amended. 

H.B. 1241, a bill to clarify the admissions status of persons eligible for in-state 
tuition at the University of North Carolina, with a favorable report, as amended. 

CALENDAR (Continued) 

S.B. 1535 (Committee Substitute), a bill to establish fees for processing applica- 
tions for approval of construction, repair, alteration, or removal of dams. 

The Committee Substitute bill passes its second reading (45-0). 

Senator Kaplan objects to the third reading of the measure and the Committee Sub- 
stitute bill remains on the Calendar for tomorrow, July 6, for further consideration, 
upon third reading. 

S.B. 1536 (Committee Substitute), a bill to establish fees for processing erosion 
control plan approvals under the Sedimentation Pollution Control Act. 

The Committee Substitute bill passes its second (46-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 463 (House Committee Substitute No. 2), a bill providing for the regulation of 
athlete agents, for concurrence in the House Committee Substitute bill No. 2, upon 
second reading. 

The Senate concurs in the House Committee Substitute bill No. 2 on its second 
reading by roll-call vote, ayes 45, noes 1, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Johnson of Wake, Kaplan, Kin- 
caid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Odom, Plyler, Rauch, Raynor, 
Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Taft, 
Tally, Walker, Ward, Wilson, and Winner— 45. 

Voting in the negative: Senator Murphy— 1. 

The House Committee Substitute bill No. 2 remains on the Calendar for tomorrow, 
July 6, for further consideration, upon concurrence, upon third reading. 

S.B. 1406, a bill to delay the effective date of Chapter 372 of the 1989 Session 
Laws relating to the Wastewater Treatment Plant Operators Certification Commission, 
to provide for the study of the organization, functions, powers, and duties of the Was- 
tewater Treatment Plant Operators Certification Commission by the Environmental 
Review Commission, and to provide for a study by the Environmental Review Com- 
mission of the feasibility of levying a tax on the emission or air contaminants and on 
the discharge of waste from point sources to the surface waters of the State, for con- 
currence in House Amendment No. 1. 

The Senate concurs in House Amendment No. 1 (45-0), and the bill is ordered 
enrolled. 

S.B. 1559 (Committee Substitute), a bill to support pubHc health programs and 
activities through an annual fee for food and lodging facilities and meat markets, upon 
second reading, temporarily displaced earlier. 

Senator Rauch offers Amendment No. 1 which is adopted (45-0). 

The Committee Substitute bill, as amended, passes its second reading by roll-call 
vote, ayes 42, noes 3, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, Car- 
penter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, 
Harris, Hunt of Durham, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, 



July 5, 1990 



idl SENATE JOURNAL [Second Session 

Marvin, Murphy, Odom, Parnell, Rauch, Raynor, Richardson, Roy all, Sands, Shaw, 
Sherron, Smith, Soles, Speed, Taft, Tally, Walker, Ward, Wilson, and Winner— 42. 

Voting in the negative: Senators Ballance, Bryan, and Simpson — 3. 

The Committee Substitute bill, as amended, is ordered placed on the Calendar for 
tomorrow, July 6, for further consideration, upon third reading. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Senator Marvin offers a motion that Rule 40 be suspended to allow the introduction 
of the following bill filed today, which motion prevails by a two-thirds majority vote. 

By Senator Marvin: 

S.B. 1615, a bill to amend the exceptional children's appeals process, to preserve 
federal funds, and to save the State replacement funds. 

On motion of Senator Marvin, the bill is placed before the Senate for immediate 
consideration. 

Senator Royall rises to a point of order and pursuant to Rule 42, the Chair orders the 
bill referred to the Appropriations Committee. 

REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Conder for the Education Committee: 

S.B. 1543, a bill to clarify the authority of local school boards to select supplemen- 
tal instructional material, to clarify requirements concerning the development of differ- 
entiated pay plans, and to appropriate funds for the implementation of differentiated 
pay plans, with a favorable report, as amended. 

On motion of Senator Conder, the bill is placed before the Senate for immediate 
consideration and on his further motion Committee Amendment No. 1 is adopted. 

On motion of Senator Conder, the bill, as amended, is ordered engrossed and re- 
referred to the Appropriations Committee. 

S.B. 1524, a bill to require parents to spend time at school with their children, with 
an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Conder, the rules are suspended, and the Committee Substi- 
tute bill, which changes the title to read, S.B. 1524 (Committee Substitute), a bill to 
direct the Education Study Commission to study the concept of requiring parents to 
spend time at school with their children, is placed before the Senate for immediate 
consideration. 

On motion of Senator Conder, the Committee Substitute bill is adopted, and on his 
further motion is re-referred to the Appropriations Committee. 

RE-REFERRALS 

S.B. 1471, a bill to establish a State Educational Equity Grant Program. 

On motion of Senator Conder, the rules are suspended, and the bill is taken from 
the Education Committee and is re-referred to the Appropriations Commit- 
tee. 

S.B. 1370, a bill providing for the use of funds in the Teaching Fellows Revolving 
Fund to offset General Fund appropriations and for other purposes. 

On motion of Senator Conder, the rules are suspended, and the bill is taken from 
the Education Committee and is re-referred to the Appropriations Commit- 
tee. 



July 5, 1990 



1990] L SENATE JOURNAL 163 

S.B. 1538, a bill to authorize the establishment of public education foundations. 

On motion of Senator Conder, the rules are suspended, and the bill is taken from 
the Education Committee and is re-referred to the Appropriations Commit- 
tee. 

CALENDAR (Continued) 

S.B. 1535 (Committee Substitute), a bill to establish fees for processing applica- 
tions for approval of construction, repair, alteration, or removal of dams, calendared 
for July 6, upon third reading. 

Senator Kaplan withdraws his objection to third reading today and with unanimous 
consent, the Committee Substitute bill is withdrawn from the Calendar of July 6, and 
is placed before the Senate for further consideration, upon its third reading. 

Senator Tally offers Amendment No. 1 which is adopted (43-0) and pursuant to 
Rule 55, changes the title to read, S.B. 1535 (Committee Substitute), a bill to estab- 
lish fees for processing applications for approval of construction or removal of dams. 

The Committee Substitute bill, as amended, passes its third reading (46-0) and is 
ordered engrossed and sent to the House of Representatives. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Senator Basnight offers a motion that Rule 40 be suspended to allow the introduc- 
tion and referral to committee of the following bill filed today, which motion prevails 
by a two-thirds majority vote. 

By Senators Basnight, Martin of Pitt, Parnell, and Guy: 

S.B. 1616, a bill to alter the manner for selecting drainage commissioners and to 
provide notice prior to assessment. 

Referred to Local Government and Regional Affairs Committee. 



ADDITIONAL CONFEREES APPOINTED 

S.B. 13 (House Committee Substitute), a bill to implement the recommendations of 
the Safe Roads Act Study Committee of the Legislative Research Commission. 

The Senate fails to concur in the House Committee Substitute bill on July 14, 1989, 
and appoints conferees on July 15, 1989. Senator Barnes appoints Senators Daniel 
(Vice-Chairman) , Cochrane, and Conder as additional conferees. A message is or- 
dered sent to the House of Representatives informing that Honorable Body of such 
action. 

On motion of Senator Barnes, seconded by Senator Harris, the Senate adjourns at 
2:26 P.M. to meet tomorrow, July 6, at 9:00 A.M. 



ONE HUNDRED FIFTY-SEVENTH DAY ( 

• 'X i . Senate Chamber, 

Friday, July 6, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Henson P. Barnes, President Pro Tempore, in the absence of the President of the 
Senate. 



July 6, 1990 



164 SENATE JOURNAL [Second Session 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Father, we give thanks today for those obstacles in our path that make life more 
challenging, that make us stronger individuals. We also give thanks for those people 
in our lives who by their very presence make our burdens lighter, who encourage us 
and motivate us to overcome those obstacles and hurdles. Remind us today that no 
person is an island, and that our success relies not only on individual initiative, but 
also on the support and assistance of our friends, our families, and our colleagues. 
For the gift of relationships. Father, we give thanks. Amen." 

Senator Royall, Deputy President Pro Tempore, announces that the Journal of yes- 
terday, July 5, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for today to Senator Basnight, Senator 
Swain, Senator Staton, and to Senator Smith, who is attending a family meeting. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 

S.B. 1362 (House Committee Substitute), an act to treat investments in a partner- 
ship in which the North Carolina Enterprise Corporation is the only general partner as 
an investment in the corporation and to extend the tax credit for investments in an 
enterprise corporation. (Ch. 848) 

S.B. 1376, an act amending G.S. 40A-3. (Ch. 849) 

S.B. 1406, an act to delay the effective date of Chapter 372 of the 1989 Session 
Laws relating to the Wastewater Treatment Plant Operators Certification Commission, 
to provide for the study of the organization, functions, powers, and duties of the Was- 
tewater Treatment Plant Operators Certification Commission by the Environmental 
Review Commission, and to provide for a study by the Environmental Review Com- 
mission of the feasibility of levying a tax on the emission or air contaminants and on 
the discharge of waste from point sources to the surface waters of the State. 
(Ch. 850) 

S.B. 1591 (Committee Substitute), an act to clarify provisions regarding the ap- 
pointment of a guardian ad litem. (Ch. 851) 

H.B. 2076, an act to authorize the Board of Commissioners of Davidson County to 
adopt an ordinance prohibiting the discharge of firearms or pellet guns from the road- 
ways and rights-of-way in Davidson County. (Ch. 852) 

H.B. 2120, an act to allow the Davie County Board of County Commissioners to 
increase the extraterritorial planning jurisdiction of the Town of Mocksville within 
Davie County out to two miles beyond the corporate limits. (Ch. 853) 

H.B. 2123, an act to allow Henderson County to name private roads in unincor- 
porated areas. (Ch. 854) 

H.B. 2153, an act to change the responsibility for appointing and supervising the 
City Clerk and City Treasurer (Finance Director) of the City of Statesville from the 
Council to the Manager. (Ch. 855) 

H.B. 2188, an act to permit Wake County to use unmarked county vehicles for 
delivery of certain human services. (Ch. 856) 



July 6, 1990 



1990] ^ SENATE JOURNAL 165 

H.B. 2195, an act to authorize the Town of Long Beach to compromise or forgive 
local occupancy tax penalties. (Ch. 857) 

H.B. 2196, an act to authorize the Town of Caswell Beach to create a sea turtle 
sanctuary. (Ch. 858) 

H.B. 2228, an act to reduce the number of appeals board votes required to reverse 
or modify an order of the City of Charlotte Housing Code official. (Ch. 859) 

H.B. 2243 (Committee Substitute), an act to increase the membership of the 
Elizabeth City-Pasquotank County Airport Authority. (Ch. 860) 

H.B. 2256, an act to authorize the Town of Pilot Mountain to extend its extraterri- 
torial zoning. (Ch. 861) 

H.B. 2261, an act to allow the Charlotte City Manager to settle claims against the 
City which do not exceed thirty thousand dollars without giving prior notice to the 
Charlotte City Council. (Ch. 862) 

H.B. 2272, an act to modify the authority of Henderson County to regulate the 
subdivision of land. (Ch. 863) 

H.B. 2273, an act amending the Charter of the City of Winston-Salem relating to 
fair housing. (Ch. 864) 

INTRODUCTION OF BILLS 

Senator Winner offers a motion that S.B. 1418, a bill to provide that the governing 
body of a taxing unit may delay the accrual of interest on certain unpaid property 
taxes, ordered held as filed on the Office of the Principal Clerk on May 30, 1990, 
pursuant to Resolution 34, be taken from the Clerk's Office, pursuant to Resolution 
48, and presented to the Senate, which motion prevails. The bill passes its first read- 
ing and without objection, is placed at the end of today's Calendar, for further consid- 
eration. 

Senator Harris offers a motion that S.B. 1612, a bill to provide for the licensure of 
crematory operators and to establish the Crematory Authority within the Board of 
Mortuary Science, ordered held as filed in the Office of the Principal Clerk on 
June 27, 1990, pursuant to Resolution 34, be taken from the Clerk's Office, pursuant 
to Resolution 55, and presented to the Senate, which motion prevails. The bill passes 
its first reading and without objection, is placed at the end of today's Calendar, for 
further consideration. 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows : 

By Senator Tally for the Environment and Natural Resources Committee: 

S.B. 58 (House Committee Substitute), a bill to provide for the creation of Regional 
Solid Waste Management Authorities, with a favorable report, as to concurrence. 

H.B. 2331, a bill to increase the annual fee paid by persons licensed to construct 
and persons who operate nuclear facilities to the Department of Environment, Health, 
and Natural Resources for planning and implementing emergency response activities, 
with a favorable report. 

On motion of Senator Tally, the bill is re-referred to the Finance Committee. 



July 6, 1990 



166 SENATE JOURNAL [Second Session 

H.B. 1223 (Committee Substitute), a bill to clarify various statutes relating to the 
Inactive Hazardous Sites Program, with and unfavorable report as to Committee Sub- 
stitute bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Tally, the rules are suspended, and the Senate Committee 
Substitute bill, which changes the title, upon concurrence, to read, H.B. 1223 (Sen- 
ate Committee Substitute), a bill to provide additional time for the development of 
water supply watershed classifications and for the classification of existing water sup- 
ply watersheds and to delay the development of new sanitary landfills for the disposal 
of nonhazardous solid waste in water supply watersheds for which a petition for reclas- 
sification is pending until the classification of such watersheds is completed, is placed 
before the Senate for immediate consideration. 

On motion of Senator Tally, the Senate Committee Substitute bill is adopted, and 
on her further motion is placed on the Calendar for Monday, July 9, for further con- 
sideration. 

By Senator Block for the Pensions and Retirement Committee: 

S.B. 1545, a bill to allow additional retroactive membership in the North Carolina 
Firemen's and Rescue Squad Workers' Pension Fund, with a favorable report. 

On motion of Senator Block, the bill is re-referred to Appropriations Commit- 
tee. ■ ■■'■ 

S.B. 1584, a bill to extend coverage under the Disability Income Plan of North 
Carolina to participants who are on an employer approved leave of absence and in 
receipt of workers' compensation benefits, with a favorable report. 

By Senator Royall for the Appropriations Committee: 

S.B. 1615, a bill to amend the exceptional children's appeals process, to preserve 
federal funds, and to save the State replacement funds, with a favorable report, as 
amended. 

On motion of Senator Marvin, the rules are suspended, and the bill is placed on the 
Calendar for today in its regular order of business, for consideration. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills which are read the first time and disposed of as follows: 

H.B. 2168 (Committee Substitute), a bill to regulate the use to which the excess 
proceeds of the Windsor Firemen's Local Relief Fund may be put. 
Referred to Pensions and Retirement Committee. 

H.B. 2246, a bill to provide for staggered terms in the membership of the Sim- 
mons-Nott Airport Authority. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 2288 (Committee Substitute), a bill to provide that both felons and mis- 
demeanants shall be eligible for intensive probation and parole. 

Referred to Judiciary I Committee. r 

S.B. 1404 (House Committee Substitute), a bill to require consent of the Harnett, 
Haywood, Henderson, Jackson, Lee, Madison, Rockingham, Stokes, Swain, and 
Union County Boards of Commissioners before land in those Counties may be con- 
demned or acquired by a unit of local government outside the County, for concurrence 
in the House Committee Substitute bill. 

Recommitted to Local Government and Regional Affairs Committee. 



July 6, 1990 



1990] SENATE JOURNAL 167 

S.B. 422 (House Committee Substitute), a bill to change the burden of proof in 
civil paternity actions, for concurrence in the House Committee Substitute bill. 
Recommitted to Judiciary II Committee. 

S.B. 1375 (House Committee Substitute), a bill amending Chapter 296 of the Pub- 
lic-Local Laws of 1939, As Amended, for concurrence in the House Committee Sub- 
stitute bill. 

Recommitted to Local Government and Regional Affairs Committee. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H.B. 2079, a bill to increase the maximum vehicle tax that can be levied in the 
Town of Ahoskie from five dollars to ten dollars, as amended, upon third reading. 

Without objection, the bill, as amended, is taken up out of its regular order of busi- 
ness. 

Senator Ballance offers a motion that the vote by which the bill, as amended, 
passed its second reading be reconsidered, which motion prevails, and the question 
becomes the passage of the bill, as amended, upon its second reading. 

Senator Ballance offers a motion that the vote by which Committee Amendment 
No. 1 was adopted be reconsidered, which motion prevails, and the question becomes 
the adoption of Amendment No. 1. 

With unanimous consent. Senator Ballance withdraws Committee Amendment 
No. 1. 

Senator Ballance offers Amendment No. 2 which is adopted (37-1). 

The bill, as amended, passes its second reading by roll-call vote, ayes 36, noes 1, 
as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Block, Bryan, Car- 
penter, Chalk, Daughtry, Goldston, Guy, Hardin, Harris, Hunt of Durham, Johnson 
of Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, 
Parnell, Plyler, Rauch, Raynor, Richardson, Sands, Shaw, Sherron, Speed, Taft, 
Tally, Walker, Ward, Wilson, and Winner— 36. 

Voting in the negative: Senator Royall — 1. 

The bill, as amended, is ordered placed on the Calendar for Monday, July 9, for 
further consideration, upon third reading. 

H.B. 2184, a bill to provide for the registration of land in Warren County and to 
require any person hunting or possessing a firearm or bow and arrow that is readily 
available for use to secure an entry permit before entering or remaining on registered 
land or remaining on abutting portions of highway, upon third reading. 

Without objection, the bill is taken up out of its regular order of business and conse- 
quently, without objection, on motion of Senator Ballance the bill is temporarily dis- 
placed. 

S.B. 1392 (Committee Substitute), a bill to modify the corporate limits of the Town 
of Pineville and the City of Charlotte, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 38, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Block, Bryan, Car- 
penter, Chalk, Cochrane, Daughtry, Goldston, Guy, Hardin, Harris, Hunt of Dur- 
ham, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, 
Sherron, Speed, Taft, Tally, Walker, Ward, Wilson, and Winner— 38. 

Voting in the negative: None. 

Without objection, on motion of Senator Wilson, the Committee Substitute bill is 
ordered sent to the House of Representatives by special messenger. 



July 6, 1990 



iiS SENATE JOURNAL [Second Session 

S.B. 1481 (Committee Substitute), a bill to authorize Pender County and Surf City 
to collect certain fees in the same manner as ad valorem taxes, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 38, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Block, Bryan, Car- 
penter, Chalk, Cochrane, Daughtry, Goldston, Guy, Hardin, Harris, Hunt of Dur- 
ham, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, 
Sherron, Speed, Taft, Tally, Walker, Ward, Wilson, and Winner— 38. 

Voting in the negative: None. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

H.B. 755 (Committee Substitute), a bill concerning voluntary satellite annexations 
by the Town of Garner, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 38, 
noes 0, as follows: 

Voting in the affirmative: Senators Aliran, Ballance, Barnes, Block, Bryan, Car- 
penter, Chalk, Cochrane, Daughtry, Goldston, Guy, Hardin, Harris, Hunt of Dur- 
ham, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, 
Sherron, Speed, Taft, Tally, Walker, Ward, Wilson, and Winner— 38. 

Voting in the negative: None. 

The Committee Substitute bill is ordered enrolled. - 

H.B. 2045, a bill to allow the Town of Wake Forest to make special assessments 
without petition for the placement of utility lines underground, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 38, noes 0, as follows: 

Voting in the affirmative: Senators Aliran, Ballance, Barnes, Block, Bryan, Car- 
penter, Chalk, Cochrane, Daughtry, Goldston, Guy, Hardin, Harris, Hunt of Dur- 
ham, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, 
Sherron, Speed, Taft, Tally, Walker, Ward, Wilson, and Winner— 38. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2075, a bill to authorize the Town of Cary to levy an occupancy tax, upon 
third reading. 

The bill passes its third reading by roll-call vote, ayes 38, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Block, Bryan, Car- 
penter, Chalk, Cochrane, Daughtry, Goldston, Guy, Hardin, Harris, Hunt of Dur- 
ham, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, 
Sherron, Speed, Taft, Tally, Walker, Ward, Wilson, and Winner— 38. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2087, a bill to allow the Town of Sunset Beach to make special assessments 
for undergrounding of cable television lines, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 38, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Block, Bryan, Car- 
penter, Chalk, Cochrane, Daughtry, Goldston, Guy, Hardin, Harris, Hunt of Dur- 
ham, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, 
Sherron, Speed, Taft, Tally, Walker, Ward, Wilson, and Winner— 38. 

Voting in the negative: None. 

The bill is ordered enrolled. 



July 6, 1990 



I 



1990] V SENATE JOURNAL 169 

H.B. 2170, a bill to revise and consolidate the Charter of the Town of Chadbourn, 
as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 38, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Block, Bryan, Car- 
penter, Chalk, Cochrane, Daughtry, Goldston, Guy, Hardin, Harris, Hunt of Dur- 
ham, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, 
Sherron, Speed, Taft, Tally, Walker, Ward, Wilson, and Winner— 38. 

Voting in the negative: None. 

The bill, as amended, is ordered sent to the House of Representatives, for concur- 
rence in Senate Amendments No. 1 and No. 2. 

H.B. 2201, a bill to exclude from the corporate limits of the Town of Laurel Park 
an area recently discovered to be within those limits, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 38, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Block, Bryan, Car- 
penter, Chalk, Cochrane, Daughtry, Goldston, Guy, Hardin, Harris, Hunt of Dur- 
ham, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, 
Sherron, Speed, Taft, Tally, Walker, Ward, Wilson, and Winner— 38. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2171, a bill to amend the Charter of the City of Greensboro with respect to 
recall petitions. 

On motion of Senator Sands, Committee Amendment No. 1 is adopted, changing 
the title, upon concurrence, to read, H.B. 2171, a bill to amend the Charter of the 
City of Greensboro with respect to recall petitions and with respect to voting require- 
ments on appropriating funds from the General Fund balance of the City of Greens- 
boro. 

The bill, as amended, passes its second and third readings and is ordered sent to the 
House of Representatives, for concurrence in Senate Amendment No. 1. 

S.B. 1559 (Committee Substitute), a bill to support public health programs and 
activities through an annual fee for food and lodging facilities and meat markets, as 
amended, upon third reading. 

The Committee Substitute bill, as amended, passes its third reading by roll-call 
vote, ayes 36, noes 3, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Block, Carpenter, Chalk, 
Cochrane, Conder, Daniel, Daughtry, Goldston, Guy, Hardin, Harris, Hunt of Dur- 
ham, Johnson of Wake, Kaplan, Lee, Martin of Pitt, Martin of Guilford, Marvin, 
Murphy, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Shaw, Sherron, Speed, 
Taft, Tally, Walker, Ward, Wilson, and Winner— 36. 

Voting in the negative: Senators Bryan, Kincaid, and Sands — 3. 

Senator Rauch offers a motion that the vote by which the Committee Substitute bill, 
as amended, passed its third reading be reconsidered, which motion prevails, and the 
question becomes the passage of the Committee Substitute bill, as amended, on its 
third reading. 

On motion of Senator Rauch, further consideration of the Committee Substitute bill, 
as amended, is postponed until Tuesday, July 10. 

H.B. 608, a bill to authorize water and sewer condemnors to exercise the power of 
quick-take in accordance with the provisions of Chapter 40A of the General Statutes 
as recommended by the General Statutes Commission, upon third reading. 
The bill passes its third reading by roll-call vote, ayes 40, noes 1, as follows: 
Voting in the affirmative: Senators Allran, Ballance, Barnes, Block, Bryan, Car- 
penter, Chalk, Conder, Daniel, Daughtry, Goldston, Guy, Hardin, Harris, Hunt of 



July 6, 1990 



170 SENATE JOURNAL [Second Session 

Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of 
Pitt, Martin of Guilford, Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, 
Richardson, Royall, Sands, Shaw, Sherron, Speed, Taft, Tally, Walker, Ward, 
Wilson, and Winner — 40. 

Voting in the negative: Senator Cochrane— 1. 

The bill is ordered enrolled. 

S.B. 1360 (Committee Substitute No. 2), a bill to reinstate sales tax on certain 
vehicles and vehicle parts, to modify the highway use tax and the alternate gross re- 
ceipts tax, to increase certain fees to offset the loss of revenue resulting from the modi- 
fications to the highway use tax, and to make technical changes in the laws affected by 
the Highway Trust Fund, upon second reading. 

Senator Johnson of Wake offers Amendment No. 1. 

Pursuant to Rule 42.1, Senator Rauch, Chairman of the Finance Committee, 
requests a fiscal note on Amendment No. 1. The Committee Substitute bill No. 2, 
with Amendment No. 1 pending, is placed on the Calendar for Tuesday, July 10, for 
receipt of a fiscal note. 

S.B. 1439, a bill to transfer the Veterans and Military Education Program from the 
Department of Community Colleges and the State Board of Community Colleges to the 
Board of Governors of the University of North Carolina. 

On motion of Senator Murphy, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (38-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

H.B. 2184, a bill to provide for the registration of land in Warren County and to 
require any person hunting or possessing a firearm or bow and arrow that is readily 
available for use to secure an entry permit before entering or remaining on registered 
land or remaining on abutting portions of highway, upon third reading, temporarily 
displaced earlier. 

Senator Ballance offers Amendment No. 1 which is adopted (33-0). 

The bill, as amended, passes its third reading by roll-call vote, ayes 32, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Block, Bryan, Car- 
penter, Chalk, Daniel, Daughtry, Goldston, Guy, Hardin, Hunt of Durham, Johnson 
of Cabarrus, Johnson of Wake, Kaplan, Lee, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Parnell, Plyler, Raynor, Richardson, Shaw, Sherron, Speed, Taft, 
Tally, Walker, and Ward— 32. 

Voting in the negative: None. 

The bill, as amended, is ordered sent to the House of Representatives, for concur- 
rence in Senate Amendment No. 1. 

S.B. 1615, a bill to amend the exceptional children's appeals process, to preserve 
federal funds, and to save the State replacement funds. 

On motion of Senator Marvin, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (35-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

H.B. 1241, a bill to clarify the admissions status of persons eligible for in-state 
tuition at the University of North Carolina. 

On motion of Senator Murphy, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (37-0) and third readings and is ordered 
sent to the House of Representatives, for concurrence in Senate Amendment No. 1. 

H.B. 2186 (Committee Substitute), a bill to amend the laws relating to the regula- 
tion of proprietary schools. 

The Committee Substitute bill passes its second (37-0) and third readings and is 
ordered enrolled. 



July 6, 1990 



1,990] SENATE JOURNAL 171 

H.B. 2282 (Committee Substitute), a bill to encourage recycling of food processing 
by-products and to require reports from the Department of Environment, Health, and 
Natural Resources concerning the land application of food processing by-products. 

The Committee Substitute bill passes its second (33-0) and third readings and is 
ordered enrolled. 

S.B. 463 (House Committee Substitute No. 2), a bill providing for the regulation of 
athlete agents, for concurrence in the House Committee Substitute bill No. 2, upon 
third reading. 

The Senate concurs in the House Committee Substitute bill No. 2, on its third read- 
ing by roll-call vote, ayes 35, noes 0, as follows: 

Voting in the affirmative: Senators Ballance, Barnes, Block, Bryan, Carpenter, 
Chalk, Cochrane, Conder, Daniel, Daughtry, Goldston, Guy, Hardin, Hunt of Dur- 
ham, Johnson of Cabarrus, Johnson of Wake, Kaplan, Lee, Martin of Pitt, Martin of 
Guilford, Murphy, Parnell, Plyler, Raynor, Richardson, Roy all, Shaw, Sherron, 
Speed, Taft, Tally, Walker, Ward, Wilson, and Winner— 35. 

Voting in the negative: None. 

The House Committee Substitute No. 2 is ordered enrolled. 

S.B. 1351, a bill to make technical changes relating to joint, trust, and personal 
agency accounts at financial institutions, for concurrence in House Amendment 
No. 1. 

The Senate concurs in House Amendment No. 1 (34-0), and the bill is ordered 
enrolled. 

S.B. 1418, a bill to provide that the governing body of a taxing unit may delay the 
accrual of interest on certain unpaid property taxes. 

The bill passes its second (34-0) and third readings and is ordered on motion of 
Senator Guy, without objection, sent to the House of Representatives by special mes- 
senger. 

S.B. 1612, a bill to provide for the licensure of crematory operators and to establish 
the Crematory Authority within the Board of Mortuary Science. 

On motion of Senator Winner, consideration of the bill is postponed until Monday, 
July 9. 



REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Taft for the Election Laws Committee: 

S.B. 1340, a bill to provide for the Election of the Board of Commissioners of 
Sampson County, to reflect the system adopted under a consent decree in the case of 
United States of America v. Sampson County Board of Commissioners, with a favor- 
able report. 

H.B. 1028 (Committee Substitute), a bill to revise the election of presidential elec- 
tors, with a favorable report. 

On motion of Senator Bryan, the Committee Substitute bill is placed on the Calen- 
dar for Wednesday, July 11. 

H.B. 2080, a bill changing the method of electing the Town of Williamston Board 
of Commissioners to improve the opportunity for minority voters to elect candidates of 
their choice, with a favorable report. 



July 6, 1990 



172 SENATE JOURNAL [Second Session 

H.B. 2100, a bill to validate the 1989 election in the Town of Watha, with a favor- 
able report. 

H.B. 2221 (Committee Substitute), a bill to revise the electoral system for the Clin- 
ton City School Administrative Unit to reflect a consent judgement in the federal case 
of Hall v. Kennedy, with a favorable report. 

H.B. 2222 (Committee Substitute), a bill to revise the electoral system for the City 
of Clinton to reflect a consent judgement in the federal case of Hall v. Kennedy, with 
a favorable report. 

H.B. 345 (Committee Substitute), a bill to consolidate into one form all absentee 
ballot application forms and to make other changes in the law affecting absentee bal- 
lots, with a favorable report, as amended. 

On motion of Senator Royall, seconded by Senator Block, the Senate adjourns at 
10:29 A.M. in memory of Cicero Yow, former Senator from New Hanover County, to 
meet Monday, July 9, at 8:00 P.M. 



ONE HUNDRED FIFTY-EIGHTH DAY 

.; Senate Chamber, 

Monday, July 9, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Father, as we gather tonight, to continue the pursuit of individual and group agen- 
das, help us to share those agendas and plans with You not only at the final proofread- 
ing stage, but in the early planning stages as well. 

"Remind us that Your desire is to be a co-laborer with us as we formulate an idea 
and then bring that idea through each stage to its conclusion. Remind us that Your 
definition of guidance means our daily communication with The One who knows the 
road best and how to travel it, rather than an occasional emergency call when our 
vehicle of the moment stalls or breaks down. For Your guiding presence with us, 
Father, we give thanks tonight. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of Friday, July 
6, has been examined and is found to be correct. On his motion, the Senate dispenses 
with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for tonight to Senator Swain, Senator Taft, 
Senator Staton; to Senator Winner, who is representing a client in court; and to Sena- 
tor Sands, who is having knee surgery, 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H.B. 2067 (Committee Substitute), a bill to update the reference to the Internal 
Revenue Code used to determine certain taxable income and tax exemptions. 
Referred to Ways and Means Committee. 



July 9, 1990 



1990] SENATE JOURNAL 173 

H.B. 2146, a bill to clarify the current proviso regarding a limitation on the number 
of State employees eligible to receive performance pay increases. 
Referred to State Personnel Committee. 

H.B. 2148, a bill to amend the performance pay system to allow some flexibility 
regarding the number of levels in the rating scale used to appraise the performance of 
State employees, with the top two levels of performance generally qualifying for per- 
formance increases. 

Referred to State Personnel Committee. 

H.B. 2160 (Committee Substitute No. 2), a bill to incorporate the Town of Badin, 
subject to a referendum. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

H.B. 2234, a bill to provide for four-year staggered terms for the Board of Com- 
missioners of the Town of Red Oak. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 2258 (Committee Substitute), a bill to levy a one-time assessment on insurers 
that support the Mutual Workers' Compensation Security Fund. 
Referred to Finance Committee. 

H.B. 2350, a bill to conform the Social Service Statutes with the Federal Job Op- 
portunities and Basic Skills Training Program and to preserve State funds. 

Pursuant to Resolution 34, the bill is ordered held as received in the Office of the 
Principal Clerk. 

H.B. 2401, a bill to repeal the sunset on the limitation on insurance required on 
waterslides. 

Referred to Insurance Committee. 

S.B. 184, a bill to make evaluation by the State Building Commission of prior State 
work a factor affecting the award of contracts for State capital projects, for concur- 
rence in House Amendment No. 1, which is placed on the Calendar for tomorrow, 
July 10. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 

S.B. 463 (House Committee Substitute No. 2), an act providing for the regulation 
of athlete agents. (Ch. 865) 

S.B. 13S1, an act to make technical changes relating to joint, trust, and personal 
agency accounts at financial institutions. (Ch. 866) 

S.B. 1358, an act to allow the City of Asheboro to lease airport property for an 
additional period without competitive bid. (Ch. 867) 

S.B. 1443, an act to amend the reporting date from 1990 to 1991 for filing with the 
General Assembly of a Social Services Plan for the State of North Carolina by the 
Department of Human Resources. (Ch. 868) 

S.B. 1496, an act to extend time for the resolution of claims to land under naviga- 
ble waters. (Ch. 869) 

S.B. 1523 (Committee Substitute), an act to authorize Forsyth County to levy an 
additional three percent occupancy tax. (Ch. 870) 



July 9, 1990 



174 SENATE JOURNAL [Second Session 

H.B. 608, an act to authorize water and sewer condemnors to exercise the power of 
quick-take in accordance with the provisions of Chapter 40A of the General Statutes 
as recommended by the General Statutes Commission. (Ch. 871) 

H.B. 755 (Committee Substitute), an act concerning voluntary satellite annexa- 
tions by the Town of Garner. (Ch. 872) 

H.B. 2045, an act to allow the Town of Wake Forest to make special assessments 
without petition for the placement of utility lines underground. (Ch. 873) 

H.B. 2075, an act to authorize the Town of Cary to levy an occupancy tax. 
(Ch. 874) 

H.B. 2087, an act to allow the Town of Sunset Beach to make special assessments 
for undergrounding of cable television lines. (Ch. 875) 

H.B. 2158, an act allowing construction of an elementary school in Bertie County 
using the design-build contract system. (Ch. 876) j?;;'', i 

H.B. 2186 (Committee Substitute), an act to amend the laws relating to the regula- 
tion of proprietary schools. (Ch. 877) 

H.B. 2201, an act to exclude from the corporate limits of the Town of Laurel Park 
an area recently discovered to be within those limits. (Ch. 878) 

H.B. 2220, an act to establish fox seasons in Anson and Stanly Counties. 
(Ch. 879) 

H.B. 2282 (Committee Substitute), an act to encourage recycling of food process- 
ing by-products and to require reports from the Department of Environment, Health, 
and Natural Resources concerning the land application of food processing by- 
products. (Ch. 880) 



RE-REFERRAL 

S.B. 1433, a bill giving Duplin County the same authority that cities have concern- 
ing operation of a gas production and distribution system. 

On motion of Senator Guy, the rules are suspended, and the bill is taken from the 
Public Utilities Committee and is re-referred to the Local Government and 
Regional Affairs Committee. 



SPECIAL MESSAGE FROM THE SENATE RETURNED 
S.B. 1418 Senate Chamber, 

Mr. Speaker: 

It is ordered that a message be sent to the House of Representatives informing that 
Honorable Body that the Senate has passed the following bill and asks concurrence of 
your Honorable Body therein: S.B. 1418, a bill to provide that the governing body of 
a taxing unit may delay the accrual of interest on certain unpaid property taxes. 

Respectfully, 
S/Sylvia M. Fink 
Principal Clerk 



July 9, 1990 



1990] SENATE JOURNAL 175 

By order of the Speaker returned for failure to comply with adjournment Resolution 
34. 

7/6/90 
12:10 P.M. 

S/Grace A. Collins 
House Principal Clerk 

Senator Guy offers a motion that the vote by which the bill passed its third reading 
be reconsidered, which motion prevails, and the question becomes the passage of the 
bill on its third reading. 

On motion of Senator Guy, the bill is re-referred to the Ways and Means Com- 
mittee. 



RE-REFERRAL 

S.B. 1555, a bill to ensure access to public higher education for North Carolinians 
with proven ability to learn. 

On motion of Senator Murphy, the rules are suspended, and the bill is taken from 
the Higher Education Committee and is re-referred to the Appropriations 
Committee. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 1612, a bill to provide for the licensure of crematory operators and to establish 
the Crematory Authority within the Board of Mortuary Science. 

Without objection, on motion of Senator Harris, the bill is taken up out of its regu- 
lar order of business and on his further motion is recommitted to the Finance Com- 
mittee. 

RE-REFERRAL 

S.B. 1567, a bill to clarify the size of the site selected as the preferred site for the 
low-level radioactive waste disposal facility, to appropriate additional funds to assure 
that the facility is properly sized, and to impose a tax for the privilege of using a low- 
level radioactive waste facility operated pursuant to Chapter 104G of the General Stat- 
utes. 

On motion of Senator Tally, the rules are suspended, and the bill is taken from the 
Environment and Natural Resources Committee and is re-referred to the Ap- 
propriations Committee. 

CALENDAR (Continued) 

H.B. 2079, a bill to increase the maximum vehicle tax that can be levied in the 
Town of Ahoskie from five dollars to ten dollars, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 41, noes 1, as 
follows: 

Voting in the affirmative: Senators Bailance, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Goldston, Guy, 
Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, 



July 9. 1990 



176 SENATE JOURNAL [Second Session 

Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Plyler, 
Rauch, Raynor, Richardson, Shaw, Sherron, Simpson, Smith, Soles, Speed, Tally, 
Walker, Ward, and Wilson— 41. 

Voting in the negative: Senator Royall— 1. 

The bill, as amended, is ordered sent to the House of Representatives, for concur- 
rence in Senate Amendment No. 2. 

S.B. 1340, a bill to provide for the Election of the Board of Commissioners of 
Sampson County, to reflect the system adopted under a consent decree in the case of 
United States of America v. Sampson County Board of Commissioners. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

H.B. 2080, a bill changing the method of electing the Town of Williamston Board 
of Commissioners to improve the opportunity for minority voters to elect candidates of 
their choice. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2100, a bill to validate the 1989 election in the Town of Watha. 
The bill passes its second and third readings and is ordered enrolled. 

H.B. 2121 (Senate Committee Substitute), a bill to authorize the Board of Com- 
missioners of Davie County to adopt an ordinance prohibiting the discharge of firearms 
or pellet guns from the roadways and rights-of-way in Davie County, and to authorize 
the Davie County Board of Education to convey or release any remaining interests in 
certain real property. 

The Senate Committee Substitute bill passes its second and third readings and is 
ordered sent to the House of Representatives, for concurrence in the Senate Committee 
Substitute bill. 

H.B. 2221 (Committee Substitute), a bill to revise the electoral system for the Clin- 
ton City School Administrative Unit to reflect a consent judgment in the federal case of 
Hall V. Kennedy. 

The Committee Substitute bill passes its second and third readings and is ordered 
enrolled. 

H.B. 2222 (Committee Substitute), a bill to revise the electoral system for the City 
of Clinton to reflect a consent judgment in the federal case of Hall v. Kennedy. 

The Committee Substitute bill passes its second and third readings and is ordered 
enrolled. 

S.B. 1568 (Committee Substitute), a bill to provide that prisoners incarcerated in 
the State prison system shall be required to reimburse the State for the cost of their 
incarceration. 

On motion of Senator Barker, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

S.B. 1584, a bill to extend coverage under the Disability Income Plan of North 
Carolina to participants who are on an employer approved leave of absence and in 
receipt of workers' compensation benefits. 

The bill passes its second (41-0) and third readings and is ordered, on motion of 
Senator Sherron, without objection, sent to the House of Representatives by special 
messenger. 

H.B. 345 (Committee Substitute), a bill to consolidate into one form all absentee 
ballot application forms and to make other changes in the law affecting absentee bal- 
lots. 

On motion of Senator Kaplan, consideration of the Committee Substitute bill is 
postponed until tomorrow, July 10. 



July 9, 1990 



1990] SENATE JOURNAL 177 

H.B. 1147 (Senate Committee Substitute No. 2), a bill to clarify that a joint ten- 
ancy with right of survivorship may be created if the right of survivorship is expressly 
provided for in the instrument creating the joint tenancy. 

The Senate Committee Substitute bill No. 2 passes its second (37-4) and third read- 
ings and is ordered sent to the House of Representatives, for concurrence in the Senate 
Committee Substitute bill No. 2. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

Senator Guy offers a motion that Rule 40 be suspended to allow the introduction of 
the following bill filed for introduction tonight which motion prevails by a two-thirds 
majority vote. 

By Senator Guy: 

S.B. 1617, a bill to provide that the governing body of a taxing unit may delay the 
accrual of interest on certain unpaid property taxes. 

On motion of Senator Guy, the bill remains before the Senate for immediate consid- 
eration. 

The bill passes its second (42-0) and third readings and is ordered, on motion of 
Senator Guy, without objection, sent to the House of Representatives by special mes- 
senger. 

CALENDAR (Continued) 

H.B. 1223 (Senate Committee Substitute), a bill to provide additional time for the 
development of water supply watershed classifications and for the classification of ex- 
isting water supply watersheds and to delay the development of new sanitary landfills 
for the disposal of nonhazardous solid waste in water supply watersheds for which a 
petition for reclassification is pending until the classification of such watersheds is 
completed. 

On motion of Senator Daniel, consideration of the Senate Committee Substitute bill 
is postponed until tomorrow, July 10. 

S.B. 1345 (Committee Substitute), a bill to make various changes to the State Per- 
sonnel Act, as amended, upon third reading. 

Senator Johnson of Wake offers Amendment No. 2, to amend Amendment No. 1, 
which is adopted (42-0) . 

Senator Odom offers Amendment No. 3 which is adopted (41-0). 

On motion of Senator Odom, the Committee Substitute bill, as amended, is re- 
referred to the Appropriations Committee. 

S.B. 58 (House Committee Substitute), a bill to provide for the creation of Regional 
Solid Waste Management Authorities, for concurrence in the House Committee Sub- 
stitute bill, upon second reading. 

The Senate concurs in the House Committee Substitute bill on its second reading by 
roli-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Goldston, 
Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Kincaid, Lee, 
Martin of Pitt, Martin of Guilford, Marvin, Odom, Parnell, Plyler, Rauch, Raynor, 
Richardson, Roy all, Shaw, Sherron, Simpson, Smith, Soles, Speed, Tally, Walker, 
Ward, and Wilson— 42. 

Voting in the negative: None. 

The House Committee Substitute bill is ordered placed on the Calendar for tomor- 
row, July 10, for further consideration, upon third reading. 



July 9, 1990 



178 SENATE JOURNAL [Second Session 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H.J.R. 2392, a joint resolution honoring the life and memory of Herbert Clifton 
Blue, former member of the General Assembly. 

On motion of Senator Walker, the rules are suspended without objection, and the 
joint resolution is placed before the Senate for immediate consideration. The Chair 
orders the joint resolution read in its entirety. 

The joint resolution passes its second (44-0) and third readings and is ordered en- 
rolled. 

H.B. 2242 (Committee Substitute), a bill to annex certain described property into 
the corporate limits of the Town of Long View. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

WITHDRAWAL FROM COMMITTEE 

S.B. 1616, a bill to alter the manner for selecting drainage commissioners and to 
provide notice prior to assessment. 

On motion of Senator Basnight, the rules are suspended, and the bill is taken from 
the Local Government and Regional Affairs Committee and is placed before 
the Senate for immediate consideration. 

The bill passes its second (42-0) and third readings and is ordered, on motion of 
Senator Basnight, without objection, sent to the House of Representatives by special 
messenger. 

The President recognizes the following pages serving in the Senate this week: 

Stephanie D. Alphin, Wendell; Natalie G. Barefoot, Raleigh; Joshua Bradford 
Brewer, Raleigh; Bo Carson, Bethel; Michelle R. Flowers, Fuquay Springs; April L. 
Foster, Yancey ville; Robert H. Lacey, Jr., Newland; Laurie Keel Landsittel, Raleigh; 
Dana M. Little, Winston-Salem; Bryan M. Moore, Raleigh; Christina E. O' Sul- 
livan, Raleigh; Susan M. Painter, Manns Harbor; Joseph William Parry-Hill, 
Raleigh; Elizabeth Preston, Raleigh; Aaron D. Rice, Gibsonville; Jennifer Roney, 
Mebane; Robert W. Ryals, Raleigh; Allison Renee Sedwick, Wilson; Nicole D. Stall- 
ings, Wendell; Christie Anne Standi, Raleigh; Reed E. Walmsley, LaGrange; and 
Jeff Wilson, Raleigh. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H.B. 2245 (Committee Substitute), a bill to authorize the issuance of not in excess 
of seventy-five million dollars bonds of the State to provide funds, with any other 
available funds, for State prison facilities, such authorized bonds to be issued without 
an election during the biennium ended June 30, 1991, in an amount not in excess of 
such authorized amount and not in excess of two-thirds of the amount by which the 
State's outstanding indebtedness shall have been reduced during the 1987-89 bien- 
nium, and to raise the prison population cap. 

Referred to Finance Committee. 

H.B. 2287 (Committee Substitute), a bill to authorize a bond referendum on the 
issuance of two hundred million dollars general obligation bonds of the State, to be 
voted on by the qualified voters of the State, to provide funds, with any other available 
funds, for State prison and youth services facilities. 

Referred to Finance Committee. 



July 9, 1990 



1990] SENATE JOURNAL 179 

H.B. 2267, a bill to expand the eligibility for membership in the Supplemental Re- 
tirement Income Plan to employees of certain local governments and make technical 
corrections. 

Referred to Pensions and Retirement Committee. 

H.B. 2269 (Committee Substitute), a bill to allow a Superior Court Judge to enter 
judgment in a caveat proceeding in accordance with a settlement agreement entered 
into by the parties, either sustaining or setting aside the will. 

Referred to Judiciary III Committee. 

H.B. 2280, a bill to allow Dare County to establish a special leash law district, 
apply a leash law within that district, and levy a tax in that district for enforcement of 
the leash law. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

On motion of Senator Barnes, seconded by Senator Murphy, the Senate adjourns at 
9:09 P.M. to meet tomorrow, July 10, at 1:00 P.M. 



ONE HUNDRED FIFTY-NINTH DAY 

Senate Chamber, 
Tuesday, July 10, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Father, so often in the last miles of a race, or in the last minutes of a game, 
competitors frequently find it difficult to continue to focus on their goal with the same 
level of energy as in the early stages of the contest. 

"And then something happens to break the tension, something funny happens on 
the court or field, or a breeze blows suddenly when the day has been hot or still, or a 
time-out is called. 

"For those individuals involved in this legislative process, who ease our burdens, 
whether they be legislators, staff, lobbyists, or media, who ease our burdens by their 
presence with us, or by their sense of humor, or their wilHngness to Hsten and respond 
to needs through their enthusiasm or endurance, or through their wisdom that comes 
only from experience, we give thanks today. 

"Remind us that You send these people into our lives to help us when we are tired 
and need assistance in moving forward, even if that assistance is nothing more than a 
word or a well-timed joke and a needed laugh. For these people and their contribu- 
tions to the process of government, we are grateful. Father. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
July 9, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for today to Senator Sands and Senator 
Staton. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolution properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 



July 10, 1990 



180 SENATE JOURNAL [Second Session 

S.B. 1354, an act to regulate refund anticipation loans. (Ch. 881) 

H.B. 2040 (Senate Committee Substitute), an act to remove the percentage area 
limitation on voluntary satellite annexations by the City of Statesville, and to modify 
that limitation as to the Town of Wake Forest. (Ch. 882) 

H.B. 2080, an act changing the method of electing the Town of Williamston Board 
of Commissioners to improve the opportunity for minority voters to elect candidates of 
their choice. (Ch. 883) 

H.B. 2100, an act to validate the 1989 election in the Town of Watha. (Ch. 884) 

H.B. 2114, an act to allow Bladen and Columbus Counties to acquire property for 
use by the Bladen and Columbus County Boards of Education. (Ch. 885) 

H.B. 2221 (Committee Substitute), an act to revise the electoral system for the 
Clinton City School Administrative Unit to reflect a consent judgement in the federal 
case of Hall v. Kennedy. (Ch. 886) 

H.B. 2222 (Committee Substitute), an act to revise the electoral system for the City 
of Clinton to reflect a consent judgement in the federal case of Hall v. Kennedy. (Ch. 
887) 

H. J.R. 2392, a joint resolution honoring the life and memory of Herbert Clifton 
Blue, former member of the General Assembly. (Res. 59) 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 2403, a bill to extend to two years the time period for which victims ten years 
old or younger may receive compensation for economic loss from the Victims Com- 
pensation Fund. 

Referred to Judiciary I Committee. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 1559 (Committee Substitute), a bill to support public health programs and 
activities through an annual fee for food and lodging facilities and meat markets, as 
amended, upon third reading. 

On motion of Senator Rauch, the Committee Substitute bill, as amended, is recom- 
mitted to the Finance Committee. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Barker for the Marine Resources and Wildlife Committee: 

S.B. 1399, a bill to establish a season for taking foxes by trapping in Edgecombe 
County, with a favorable report. 

On motion of Senator Barker, the rules are suspended and the bill is placed before 
the Senate for immediate consideration. 



July 10, 1990 



1990] SENATE JOURNAL 181 

The bill passes its second (36-1) and third readings and is ordered, on motion of 
Senator Barker, without objection, sent to the House of Representatives by special 
messenger. 

S.B. 1400, a bill to prohibit the hunting or transportation of deer from or by boat or 
floating device on a portion of the Tar River in Edgecombe County, with a favorable 
report. 

On motion of Senator Barker, the rules are suspended and the bill is placed before 
the Senate for immediate consideration. 

The bill passes its second and third readings and is ordered, on motion of Senator 
Barker, without objection, sent to the House of Representatives by special messenger. 

By Senator Parnell for the Insurance Committee: 

S.B. 1435, a bill to increase fees for licensing and appointments of insurance 
agents, brokers, and adjusters; and to amend other laws to decrease costs to the State, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Parnell, the rules are suspended and the Committee Substitute 
bill which changes the title to read, S.B. 1435 (Committee Substitute), a bill to in- 
crease various fees and create new fees charged by the Department of Insurance; to 
amend the retaliatory premium tax law; to create, maintain, and appropriate money to 
the Department of Insurance Consumer Protection Fund; and to improve the financial 
stability of the State Property Fire Insurance Fund, is placed before the Senate for 
immediate consideration. 

On motion of Senator Parnell, the Committee Substitute bill is adopted, and on his 
further motion is re-referred to the Finance Committee, 

By Senator Kaplan, Vice-Chairman, for the Rules and Operation of the Sen- 
ate Committee: 

S.J.R. 1611, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to require resident inspectors at commer- 
cial hazardous waste facilities, with a favorable report. 

S.J.R. 1614, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to provide that the probationary time be- 
tween an interlocutory decree and final adoption order may be the same for private 
adoptions as those arranged by social services or a licensed child-placing agency, with 
a favorable report. 

H.B. 351, a bill to provide that legislators' economic interest statements will be 
available in a central place, with a favorable report. 

H. J.R. 2024, a joint resolution honoring the life and memory of Elisha Mitchell on 
the Seventy-Fifth Anniversary of Mount Mitchell State Park and commemorating the 
establishment of the first State Park in North Carolina, with a favorable report. 

H.J.R. 2396, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a joint resolution honoring the life and memory of William T. "Billy" 
Watkins, with a favorable report. 

On motion of Senator Royall, the rules are suspended and the joint resolution is 
placed before the Senate for immediate consideration. 

The joint resolution passes its second and third readings and is ordered enrolled. 

S.J.R. 1438, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a joint resolution honoring the life and memory of Samuel Benjamin 
Frink, former member of the General Assembly, with a favorable report. 



July 10, 1990 



182 SENATE JOURNAL [Second Session 

S.B. 1416, a bill to appoint persons to various boards and commissions upon the 
recommendation of the President of the Senate, with an unfavorable report as to bill, 
but favorable as to Committee Substitute bill. 

On motion of Senator Kaplan, the rules are suspended, and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration and on his further 
motion the Committee Substitute bill is adopted. 

On motion of Senator Kaplan, the Committee Substitute bill is placed on the Calen- 
dar for tomorrow, July 11, for further consideration. 

By Senator Royall for the Appropriations Committee: 

S.B. 1345 (Committee Substitute), a bill to make various changes to the State Per- 
sonnel Act, with a favorable report. 

On motion of Senator Royall, the rules are suspended, and the Committee Substi- 
tute bill is placed at the end of today's Calendar, upon third reading. 

S.B. 1568 (Committee Substitute), a bill to provide that prisoners incarcerated in 
the State prison system shall be required to reimburse the State for the cost of their 
incarceration, with a favorable report. 

On motion of Senator Royall, the Committee Substitute bill is re-referred to the 
Ways and Means Committee. 

S.B. 455, a bill to amend the law regarding the age of children with special needs, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Royall, the rules are suspended and the Committee Substitute 
bill, which changes the title to read, S.B. 455 (Committee Substitute), a bill to pro- 
vide early intervention, developmental services, and education to handicapped chil- 
dren from birth to five years of age, is placed before the Senate for immediate consid- 
eration. 

On motion of Senator Royall, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for tomorrow, July 11, for further considera- 
tion. 



; CALENDAR (Continued) 

S.B. 1360 (Committee Substitute No. 2), a bill to reinstate sales tax on certain 
vehicles and vehicle parts, to modify the highway use tax and the alternate gross re- 
ceipts tax, to increase certain fees to offset the loss of revenue resulting from the modi- 
fications to the highway use tax, and to make technical changes in the laws affected by 
the Highway Trust Fund, with Amendment No. 1 pending, upon second reading. 

Pursuant to Rule 41.1, Senator Royall, Chairman of the Appropriations Com- 
mittee, calls for the Committee Substitute bill No. 2, with Amendment No. 1 pend- 
ing, to be taken from the Calendar and re-referred to the Ways and Means Com- 
mittee. With the Chairmen of the Finance Committee and the Ways and 
Means Committee assenting, the Chair orders the Committee Substitute bill No. 2, 
with Amendment No. 1 pending, re-referred to the Ways and Means Committee. 



WITHDRAWAL FROM COMMITTEE 

H.B. 2081, a bill to increase the maximum vehicle tax that can be levied in the 
City of Gastonia from five dollars to fifteen dollars. 

On motion of Senator Rauch, the rules are suspended, and the bill is taken from the 
Finance Committee and is placed at the end of today's Calendar, upon second 
reading. 



July 10, 1990 



1990] SENATE JOURNAL 183 

RECALL FROM THE HOUSE OF REPRESENTATIVES 

S.B. 1616, a bill to alter the manner for selecting drainage commissioners and to 
provide notice prior to assessment. 

Senator Basnight offers a motion to the end the bill be recalled from the House of 
Representatives for further consideration, which motion prevails. The Chair orders a 
message sent to the House of Representatives requesting the return of the bill. 

CALENDAR (Continued) 

H.B. 345 (Committee Substitute), a bill to consolidate into one form all absentee 
ballot application forms and to make other changes in the law affecting absentee bal- 
lots. 

On motion of Senator Taft, Committee Amendment No. 1 is adopted. 

The Committee Substitute bill, as amended, passes its second (46-0) and third 
readings and is ordered sent to the House of Representatives, for concurrence in Sen- 
ate Amendment No. 1. 

H.B. 1223 (Senate Committee Substitute), a bill to provide additional time for the 
development of water supply watershed classifications and for the classification of ex- 
isting water supply watersheds and to delay the development of new sanitary landfills 
for the disposal of nonhazardous solid waste in water supply watersheds for which a 
petition for reclassification is pending until the classification of such watersheds is 
completed. 

Senator Daniel offers Amendment No. 1 which is adopted (42-0). 

The Senate Committee Substitute bill, as amended, passes its second reading 
(46-0). 

Senator Winner objects to the third reading of the measure and the Senate Commit- 
tee Substitute bill, as amended, remains on the Calendar for tomorrow, July 11, for 
further consideration, upon third reading. 

S.B. 58 (House Committee Substitute), a bill to provide for the creation of Regional 
Solid Waste Management Authorities, for concurrence in the House Committee Sub- 
stitute bill, upon third reading. 

The Senate concurs in the House Committee Substitute bill on its third reading by 
roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Kin- 
caid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, 
Plyler, Rauch, Raynor, Richardson, Roy all, Sherron, Simpson, Smith, Soles, Speed, 
Swain, Taft, Tally, Walker, Ward, Wilson, and Winner— 46. 

Voting in the negative: None. 

The House Committee Substitute bill is ordered enrolled. 

S.B. 184, a bill to make evaluation by the State Building Commission of prior State 
work a factor affecting the award of contracts for State capital projects, for concur- 
rence in House Amendment No. 1. 

The Senate concurs in House Amendment No. 1 (47-0), and the bill is ordered 
enrolled. 



REPORTS OF COMMITTEES 

The following standing committee report is submitted out of the regular order of 
business, read by its title, together with the report accompanying it, and takes its place 
on the Calendar, as follows: 



July 10, 1990 



184 SENATE JOURNAL [Second Session 

By Senator Soles for the Judiciary II Committee: 

S.B. 1393, a bill to make releasing of motor vehicles unlawful, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended and the Committee Substitute 
bill, which changes the title to read S.B. 1393 (Committee Substitute), a bill to regu- 
late motor vehicle subleasing and loan assumption arranging, is placed before the Sen- 
ate for immediate consideration. 

On motion of Senator Soles, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for tomorrow, July 11, for further considera- 
tion. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

Senator Wilson moves that Rule 40 be suspended to allow the introduction of the 
following bill filed today pursuant to Resolution 42, which motion prevails by a two- 
thirds majority vote. 

By Senators Wilson, Rauch, and Daughtry: 

S.B. 1618, a bill to make releasing of motor vehicles unlawful. 

Senator Wilson offers a motion that the bill remain before the Senate for immediate 
consideration, which motion fails to prevail (21-24). 

On motion of Senator Winner, the bill is placed on the Calendar for tomorrow, July 
11, for further consideration. 

RECALL FROM THE HOUSE OF REPRESENTATIVES 

S.B. 1616, a bill to alter the manner for selecting drainage commissioners and to 
provide notice prior to assessment, recalled from the House of Representatives. 

The bill is returned to the Senate from the office of the Principal Clerk of the House 
of Representatives, pursuant to the motion offered by Senator Basnight earlier today. 

Senator Basnight offers a motion that the vote by which the bill passed its third 
reading be reconsidered, which motion prevails and the question becomes the passage 
of the bill upon third reading. 

Senator Basnight offers a motion that the vote by which the bill passed its second 
reading be reconsidered, which motion prevails, and the question becomes the passage 
of the bill upon second reading. 

The Chair declares passage of the measure requires a call of the roll. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, 
Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, 
Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Shaw, Sherron, Simpson, 
Smith, Speed, Swain, Taft, Tally, Walker, Ward, Wilson, and Winner— 46. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, July 11, for further consid- 
eration, upon third reading. 

WITHDRAV^AL FROM COMMITTEE 

H.B. 2160 (Committee Substitute No. 2), a bill to incorporate the Town of Badin, 
subject to a referendum. 

On motion of Senator Plyler, the rules are suspended and the Committee Substitute 
bill No. 2 is taken from the Local Government and Regional Affairs 



July 10, 1990 



1990] SENATE JOURNAL 185 

Committee and is placed before the Senate for immediate consideration, upon sec- 
ond reading. 

Without objection, Senator Johnson of Wake is excused from voting for the stated 
reason: "Conflict of interest." 

The Committee Substitute bill No. 2 passes its second reading by roll-call vote, ayes 
46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Lee, 
Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, 
Raynor, Richardson, Royall, Shaw, Sherron, Simpson, Smith, Soles, Speed, Swain, 
Taft, Tally, Walker, Ward, Wilson, and Winner— 46. 

Voting in the negative: None. 

The Committee Substitute bill No. 2 is ordered placed on the Calendar for tomor- 
row, July 11, for further consideration, upon third reading. 



ENROLLED BILLS 

The Enrolling Clerk reports the following joint resolution properly enrolled, duly 
ratified and sent to the office of the Secretary of State: 

H.J.R. 2396, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a joint resolution honoring the life and memory of William T. "Billy" 
Watkins. (Res. 60) 

CALENDAR (Continued) 

S.B. 1345 (Committee Substitute), a bill to make various changes to the State Per- 
sonnel Act, as amended, upon third reading. 

Senator Bryan offers Amendment No. 4. Senator Harris offers a motion that 
Amendment No. 4 do lie upon the table, seconded by Senator Winner, which motion 
prevails (34-12). Amendment No. 4 lies upon the table. 

The Committee Substitute bill, as amended, passes its third reading (46-0) and is 
ordered engrossed and sent to the House of Representatives. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

Senator Plyler moves that Rule 40 be suspended to allow the introduction of the 
following joint resolution filed today pursuant to Resolution 37 , which motion prevails 
by a two-thirds majority vote. 

By Senator Plyler: 

S.J.R. 1619, a joint resolution honoring the life and memory of Fred Moore Mills, 
Jr. 

Senator Plyler offers a motion that the sponsors of the identical measure S.J.R. 
1601, a joint resolution honoring the life and memory of Fred Moore Mills, Jr., be 
reflected sponsoring S.J.R. 1619, which motion prevails. 

The following Senators co-sponsor the joint resolution: Senators Allran, Ballance, 
Barker, Barnes, Basnight, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, 
Daughtry, Goldston, Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, 
Johnson of Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, 
Murphy, Odom, Parnell, Rauch, Raynor, Richardson, Royall, Sands, Shaw, Sher- 
ron, Simpson, Smith, Soles, Speed, Swain, Taft, Tally, Walker, Ward, Wilson, and 
Winner. 



July 10, 1990 



186 SENATE JOURNAL [Second Session 

On motion of Senator Winner, the joint resolution is placed on the Calendar for 
Thursday, July 12. 



CALENDAR (Continued) 

H.B. 2081, a bill to increase the maximum vehicle tax that can be levied in the 
City of Gastonia from five dollars to fifteen dollars, upon second reading. 

Senator Rauch offers Amendment No. 1, held to be material, which is adopted 
(44-2), constituting the first reading of the measure, which changes the title, upon 
concurrence, to read, H.B. 2081, a bill to provide that the City of Gastonia may, by 
unanimous vote of the full membership of the City Council, increase the vehicle tax 
levied in the City from five dollars to no more than fifteen dollars. 

The bill, as amended, remains on the Calendar for tomorrow, July 11, for further 
consideration, upon second reading. 

H.B. 1223 (Senate Committee Substitute), a bill to provide additional time for the 
development of water supply watershed classifications and for the classification of ex- 
isting water supply watersheds and to delay the development of new sanitary landfills 
for the disposal of nonhazardous solid waste in water supply watersheds for which a 
petition for reclassification is pending until the classification of such watersheds is 
completed, calendared for July 11, as amended, upon third reading. 

Senator Winner withdraws his objection to third reading and with unanimous con- 
sent, the Senate Committee Substitute bill, as amended, is withdrawn from the Calen- 
dar of July 1 1 and is placed before the Senate for further consideration upon its third 
reading. 

The Senate Committee Substitute bill, as amended, passes its third reading and is 
ordered engrossed and without objection, on motion of Senator Daniel, sent to the 
House of Representatives, for concurrence in the Senate Committee Substitute bill, by 
special messenger. 

On motion of Senator Barnes, seconded by Senator Daughtry, the Senate adjourns 
at 2:14 P.M. to meet tomorrow, July 11, at 1:00 P.M. 



ONE HUNDRED SIXTIETH DAY 

Senate Chamber, 
Wednesday, July 11, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Father, we admit today that the hectic pace that we live with has allowed us at 
times to lose sight of You. The pressures of many demands and limited resources have 
caused each of us much worry and concern. Father, bring then to this Body a sense of 
Your Presence and Your peace. Remind us that You understand our limits and our 
frailties; that You know us better than we know ourselves. Help us then to trust You 
for the strength to do our jobs well, with diligence and thoughtfulness. 

"We acknowledge You today as the source of our strength, and The One Who can 
soothe our spirits in moments of stress. Amen." 



July 11, 1990 



1990] ' SENATE JOURNAL 187 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
July 10, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for today to Senator Martin of Guilford, who 
is attending the annual Conference of the Education Commission of the States, and to 
Senator Staton. 

On motion of Senator Barnes, Senator Nick Wilson and Senator Alan Gordon, 
members of the Arkansas State Legislature, who are visiting North Carolina to study 
the community college system, are granted courtesies of the floor. The Chair appoints 
Senator Winner and Senator Conder to escort them to the Well of the Senate, where 
Senator Wilson briefly addresses the membership. 

The Chair grants courtesies of the floor to Cathy Field of the Arkansas Legislative 
Council staff and to Archie Schaffer, Executive Director of the Arkansas Business 
Council. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 

S.B. 58 (House Committee Substitute), an act to provide for the creation of Re- 
gional Solid Waste Management Authorities. (Ch. 888) 

S.B. 184, an act to make evaluation by the State Building Commission of prior 
State work a factor affecting the award of contracts for State capital projects. (Ch. 
889) 



SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H.B. 1679 (Committee Substitute), a bill to provide early intervention, develop- 
mental services, and education to handicapped children from birth to five years of age. 
Referred to Appropriations Committee. 

H.B. 2241 (Committee Substitute), a bill revising and consolidating the Charter of 
Bessemer City. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

H.B. 2142, a bill to establish a performance management and pay advisory com- 
mittee within each department, agency, and institution to ensure that performance pay 
increases are made in a fair and equitable manner. 

Referred to State Personnel Committee. 

H.B. 2207 (Committee Substitute), a bill to remove the obsolete sales tax exemp- 
tion for ice and to add the Vietnam Veterans Memorial Park to the sites maintained by 
the Department of Transportation. 

Referred to Finance Committee and upon a favorable report re-referred to Ap- 
propriations Committee. 

S.B. 1426 (House Committee Substitute), a bill to modify the current operations 
appropriations for North Carolina for the 1990-91 fiscal year and to make other 



July 11, 1990 



188 SENATE JOURNAL [Second Session 

changes in the budget operation of the State, for concurrence in the House Committee 
Substitute bill. (Pursuant to G.S. 143-15, the text of the attached House 1990-91 
Budget Recommendations appears in the Addendum.) 

On motion of Senator Barnes, the rules are suspended, without objection, and the 
House Committee Substitute bill is placed before the Senate for immediate considera- 
tion. 

The Senate fails to concur in the House Committee Substitute bill (0-46). 

Senator Royall offers a motion that the Senate do appoint conferees, which motion 
prevails. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Harris for the Human Resources Committee: 

H.B. 1205 (Committee Substitute), a bill to require the State Board of Cosmetic 
Art Examiners to issue a temporary employment permit to persons who have applied 
and are qualified to take the examination for apprentice cosmetologist or registered 
cosmetologist, and to prohibit the State Board of Cosmetic Art Examiners from impos- 
ing continuing education requirements as a condition of certificate and permit renewal, 
with an unfavorable report as to Committee Substitute bill, but favorable as to Senate 
Committee Substitute bill. 

On motion of Senator Harris, the rules are suspended and the Senate Committee 
Substitute bill, which changes the title, upon concurrence, to read, H.B. 1205 (Sen- 
ate Committee Substitute) , a bill to require the State Board of Cosmetic Art Examiners 
to issue a temporary employment permit to persons who have applied and are qualified 
to take the examination for apprentice cosmetologist, registered cosmetologist, or reg- 
istered manicurist, is placed before the Senate for immediate consideration. 

On motion of Senator Harris, the Senate Committee Substitute bill is adopted, and 
on his further motion is placed on the Calendar for tomorrow, July 12, for further 
consideration. 

By Senator Barker for the Marine Resources and Wildlife Committee: 
H.B. 2091, a bill to provide for an age seventy sportsman combination hunting- 
fishing license, with a favorable report. 

On motion for Senator Barker, the bill is re-referred to the Finance Committee. 

H.B. 2092, a bill to provide for complimentary fishing licenses for residents of rest 
homes, with a favorable report, as amended. 

On motion of Senator Barker, the rules are suspended, and the bill is placed before 
the Senate for immediate consideration and on his further motion Committee Amend- 
ment No. 1 is adopted. 

On motion of Senator Barker, the bill, as amended, is re-referred to the Finance 
Committee. 

By Senator Rauch for the Finance Committee: 

S.B. 1448, a bill to allow Cherokee County to establish a county recreation and 
security service district, and levy a tax in that district for services of the district, sub- 
ject to a referendum, with a favorable report. 

H.B. 899 (Committee Substitute), a bill to allow Randolph County to create rural 
fire protection districts contiguous with the boundaries of existing county fire service 
districts, and to annex territory to rural fire protection districts, with a favorable re- 
port. 



July 11, 1990 



1990] ■ '^ SENATE JOURNAL 189 

H.B. 929, a bill to authorize counties to make special assessments for street lights 
in residential subdivisions, with a favorable report. 

H.B. 2074 (Committee Substitute), a bill to increase the maximum bond that may 
be required of fuel distributors and suppliers, with a favorable report. 

H.B. 2084, a bill to authorize the Village of Bald Head Island to contract for water 
supply and pressure for fire protection purposes without complying with the bid statutes 
and to impose special assessments, with a favorable report. 

H.B. 2101, a bill to annex certain described territory to the Town of Trent Woods, 
and providing that the general law on compensation of municipal officers shall apply, 
with a favorable report. 

H.B. 2119, a bill to authorize Davie County to levy a room occupancy and tourism 
development tax, with a favorable report. 

H.B. 2193, a bill to allow the Harnett County Board of Commissioners, after pub- 
lic hearing, to extend the boundaries of any voted fire protection district out to five 
road miles, with a favorable report. 

H.B. 2245 (Committee Substitute), a bill to authorize the issuance of not in excess 
of seventy-five million dollars bonds of the State to provide funds, with any other 
available funds, for State prison facilities, such authorized bonds to be issued without 
an election during the biennium ended June 30, 1991, in an amount not in excess of 
such authorized amount and not in excess of two-thirds of the amount by which the 
State's outstanding indebtedness shall have been reduced during the 1987-89 bien- 
nium, and to raise the prison population cap, with a favorable report. 

On motion of Senator Rauch, the bill is re-referred to the Appropriations Com- 
mittee. 

H.B. 2287 (Committee Substitute), a bill to authorize a bond referendum on the 
issuance of two hundred million dollars general obligation bonds of the State, to be 
voted on by the qualified voters of the State, to provide funds, with any other available 
funds, for State prison and youth services facilities, with a favorable report. 

H.B. 2331, a bill to increase the annual fee paid by persons licensed to construct 
and persons who operate nuclear facilities to the Department of Environment, Health, 
and Natural Resources for planning and implementing emergency response activities, 
with a favorable report, as amended. 

S.B. 928, a bill to establish regulatory fees for public utilities to defray the cost to 
the Utilities Commission and the public staff of regulating public utilities in the interest 
of the public, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Rauch, the rules are suspended and the Committee Substitute 
bill, which changes the title to read, S.B. 928 (Committee Substitute), a bill to set the 
percentage rate of the regulatory fee to be paid by public utilities during the 1990-91 
fiscal year at the rate that was in effect for the 1989-90 fiscal year, is placed before 
the Senate for immediate consideration. 

On motion of Senator Rauch, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for tomorrow, July 12, for further considera- 
tion. 

S.B. 1084, a bill to set fees, with an unfavorable report as to bill, but favorable as 
to Committee Substitute bill. 

On motion of Senator Rauch, the rules are suspended and the Committee Substitute 
bill, which changes the title to read, S.B. 1084 (Committee Substitute), a bill to 



July 11, 1990 



1#0 SENATE JOURNAL [Second Session 

conform the laws of North Carolina to the requirements of certain federal laws and 
constitutional principles, is placed before the Senate for immediate consideration. 

On motion of Senator Rauch, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for tomorrow, July 12, for further considera- 
tion. 

S.B. 1403, a bill to provide that certain tourism development authorities may apply 
to receive refunds of sales taxes paid on purchases, with an unfavorable report as to 
bill, but favorable as to Committee Substitute bill. 

On motion of Senator Rauch, the rules are suspended and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
the Committee Substitute bill is adopted. 

On motion of Senator Rauch, the Committee Substitute bill is placed on the Calen- 
dar for tomorrow, July 12, for further consideration. 

S.B. 1527, a bill to provide revenue amendments for the City of Gastonia and Gas- 
ton and Mecklenburg Counties, with an unfavorable report as to bill, but favorable as 
to Committee Substitute bill. 

On motion of Senator Rauch, the rules are suspended and the Committee Substitute 
bill, which changes the title to read, S.B. 1527 (Committee Substitute), a bill to pro- 
vide refunds of Charlotte/Mecklenburg meals tax paid by certain nonprofit and gov- 
ernmental entities on purchases eligible for sales tax refunds, is placed before the Sen- 
ate for immediate consideration. 

On motion of Senator Rauch, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for tomorrow, July 12, for further considera- 
tion. 

By Senator Goldston for the Transportation Committee: 

H.B. 1152, a bill to provide semipermanent registration plates for members of vol- 
unteer fire departments and rescue squads, with a favorable report. 

On motion of Senator Goldston, the bill is re-referred to the Finance Commit- 
tee. ,;. V;. / . •- . . !.-. 

S.B. 465 (House Committee Substitute), a bill to clarify the Motor Vehicle Salvage 
Title Law and to require certain damage disclosures, with an unfavorable report as to 
concurrence. 

On motion of Senator Goldston, the rules are suspended and the House Committee 
Substitute bill is placed before the Senate for immediate consideration, upon concur- 
rence. 

The Senate fails to concur in the House Committee Substitute bill (2-42) . 

Senator Goldston offers a motion that the Senate do appoint conferees, which mo- 
tion prevails. 

H.B. 2227 (Committee Substitute), a bill to provide for acquisition of right-of-way 
by the Department of Transportation for location and relocation of utility infrastruc- 
ture, with an unfavorable report as to Committee Substitute bill, but favorable as to 
Senate Committee Substitute bill. 

On motion of Senator Goldston, the rules are suspended and the Senate Committee 
Substitute bill, which changes the title, upon concurrence, to read, H.B. 2227 (Sen- 
ate Committee Substitute) , a bill to provide for acquisition of right-of-way by the De- 
partment of Transportation for location and relocation of utility infrastructure and to 
clarify the regulatory authority of the Utilities Commission with regard to natural gas, 
is placed before the Senate for immediate consideration. 

On motion of Senator Goldston, the Senate Committee Substitute bill is adopted. 

Without objection, on motion of Senator Goldston the Senate Committee Substitute 
bill remains before the Senate for immediate consideration, upon its passage. 



July 11, 1990 



1990] SENATE JOURNAL 191 

The Chair rules the Senate Committee Substitute bill requires a call of the roll. 

Senator Goldston offers a motion that the vote by which the Senate Committee Sub- 
stitute bill remains before the Senate for immediate consideration be reconsidered, 
which motion prevails. 

The adoption of the Senate Committee Substitute bill, which is held to be material, 
constitutes the first reading of the measure and the Senate Committee Substitute bill is 
placed on the Calendar for tomorrow, July 12, for further consideration, upon second 
reading. 

RECALL FROM THE HOUSE OF REPRESENTATIVES 

H.B. 2278, a bill to modify the school funding procedures for Robeson County and 
to appoint members of the Board of Education for the public schools of Robeson 
County, as amended. 

Senator Parnell offers a motion to recall the bill, as amended, ordered sent to the 
House of Representatives on July 2 by order of the Chair, for further consideration. 
The bill, as amended, is presented to the Senate from the Senate Principal Clerk's 
Office not having been delivered to the House of Representatives. 

Senator Parnell offers a motion that the vote by which the bill, as amended, passed 
its third reading be reconsidered, which motion prevails, and the question becomes the 
passage of the bill, as amended, on its third reading. 

Senator Parnell offers a motion that the vote by which the bill, as amended, passed 
its second reading be reconsidered, which motion prevails, and the question becomes 
the passage of the bill, as amended, on its second reading. 

Senator Parnell offers a motion that the vote by which Committee Amendment No. 
1 was adopted be reconsidered, which motion prevails, which changes the title to 
read, H.B. 2278, a bill to modify the school funding procedures for Robeson County. 

The question becomes the adoption of Committee Amendment No. 1. 

On motion of Senator Parnell, the bill, with Amendment No. 1 pending, is recom- 
mitted to the Education Committee. 



REPORTS OF COMMITTEES (Continued) 
By Senator Sherron for the State Government Committee: 

H.B. 285, a bill to make evaluation by the State Building Commission of prior 
State work a factor affecting the award of contracts for State capital projects, with an 
unfavorable report as to bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Sherron, the rules are suspended and the Senate Committee 
Substitute bill, which changes the title, upon concurrence, to read, H.B. 285 (Senate 
Committee Substitute) , a bill to make technical corrections to the Fire Sprinkler Con- 
tractor Licensing Act, is placed before the Senate for immediate consideration. 

On motion of Senator Sherron, the Senate Committee Substitute bill is adopted, and 
on his further motion is placed on the Calendar for tomorrow, July 12, for further 
consideration. 

H.B. 685, a bill to change the name of the North Carolina Human Relations Coun- 
cil to the North Carolina Human Relations Commission, with an unfavorable report as 
to bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Sherron, the rules are suspended and the Senate Committee 
Substitute bill, which changes the title, upon concurrence, to read, H.B. 685 (Senate 
Committee Substitute) , a bill to change the name of the North Carolina Human Rela- 
tions Council to the North Carolina Human Relations Commission and to amend the 
Fair Housing Act to conform to federal requirements regarding fair housing laws and 
enforcement, is placed before the Senate for immediate consideration. 



July 11, 1990 



192 SENATE JOURNAL [Second Session 

On motion of Senator Sherron, the Senate Committee Substitute bill is adopted, and 
on his further motion is placed on the Calendar for tomorrow, July 12, for further 
consideration. 



APPOINTMENT OF CONFERENCE COMMITTEE 

The motion of Senator Goldston, prevailing earlier today on S.B. 465 (House Com- 
mittee Substitute) , a bill to clarify the Motor Vehicle Salvage Title Law and to require 
certain damage disclosures, that the Senate do appoint conferees, the President Pro 
Tempore appoints Senators Goldston (Chairman) , Plyler and Smith as conferees on 
the part of the Senate to resolve the differences arising between the two Bodies, and a 
message is ordered sent to the House of Representatives informing that Honorable 
Body of such action and requesting conferees. 



REPORTS OF COMMITTEES (Continued) 
By Senator Parnell for the Insurance Committee: 

H.B. 2401, a bill to repeal the sunset on the limitation on insurance required on 
waterslides, with a favorable report. 

By Senator Sands for the Local Government and Regional Affairs Commit- 
tee: 

S.B. 1431, a bill relating to Cabarrus Memorial Hospital, with a favorable report. 

On motion of Senator Johnson of Cabarrus, the rules are suspended and the bill is 
placed before the Senate for immediate consideration. 

The bill passes its second (44-0) and third readings and is ordered, without objec- 
tion, sent to the House of Representatives by special messenger. 

S.B. 1486, a bill to provide that the Pender County Board of Education shall take 
office on the first day of July following its election, with a favorable report. 

H.B. 2099, a bill to amend Chapter 1073 of the 1959 Session Laws to provide that 
the sheriff issue Pender County weapon permits, with a favorable report. 

H.B. 2112, a bill to allow Pender County to name and assign street numbers to 
private roads in unincorporated areas, with a favorable report. 

H.B. 2152, a bill to authorize the City of Greenville to increase the number of 
Parking Authority Commissioners, with a favorable report. 

H.B. 2262, a bill to allow the Town of Richfield to be included within a rural fire 
protection district, with a favorable report. 

H.B. 2268, a bill to remove a described area from the corporate limits of the Town 
of Elm City, with a favorable report. 

H.B. 2276, a bill to allow the Board of Commissioners of Macon County to call an 
election within fire districts created under a local act to give voters the choice either to 
impose a minimum fee under that local act or to convert the district to a rural fire 
protection district, with a favorable report. 

On motion of Senator Sands, the bill is re-referred to the Finance Committee. 

H.B. 1297, a bill to provide for a procedure when the complete rezoning of a juris- 
diction involves "down zoning", with a favorable report, as amended. 



July 11, 1990 



1990] r : SENATE JOURNAL 193 

H.B. 2094, a bill to confirm the corporate limits and to ratify actions of the Board 
of Aldermen of the City of Bakersville, with a favorable report, as amended. 

H.B. 2132, a bill to allow the Town of Kernersville to dispose of certain real prop- 
erty by private negotiation and sale, with a favorable report, as amended. 

H.B. 2197, a bill to increase the membership of the Town of Long Beach Alcoholic 
Beverage Control Commission from a chairman and two members to a chairman and 
four members, with an unfavorable report as to bill, but favorable as to Senate Com- 
mittee Substitute bill. 

On motion of Senator Sands, the rules are suspended and the Senate Committee 
Substitute, which changes the title, upon concurrence, to read, H.B. 2197 (Senate 
Committee Substitute), a bill to repeal an annexation of the Town of Leland, is placed 
before the Senate for immediate consideration. 

On motion of Senator Sands, the Senate Committee Substitute bill is adopted, and 
on his further motion is placed on the Calendar for tomorrow, July 12, for further 
consideration. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H.B. 2160 (Committee Substitute No. 2), a bill to incorporate the Town of Badin, 
subject to a referendum, upon third reading. 

The Committee Substitute bill No. 2 passes its third reading by roll-call vote, ayes 
38, noes 0, as follows: 

Voting in the affirmative: Senators Barker, Barnes, Basnight, Block, Bryan, Car- 
penter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, 
Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Kincaid, Lee, Martin of Pitt, 
Marvin, Murphy, Parnell, Plyler, Rauch, Richardson, Roy all, Sands, Sherron, 
Smith, Speed, Swain, Tally, Walker, Wilson, and Winner— 38. 

Voting in the negative: None. 

The Committee Substitute bill No. 2 is ordered enrolled. 

H.B. 2081, a bill to provide that the City of Gastonia may, by unanimous vote of 
the full membership of the City Council, increase the vehicle tax levied in the City 
from five dollars to no more than fifteen dollars, as amended, upon second reading. 

The bill, as amended, passes its second reading by roll-call vote, ayes 43, noes 1, 
as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Kin- 
caid, Lee, Martin of Pitt, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, 
Richardson, Sands, Shaw, Sherron, Smith, Soles, Speed, Swain, Taft, Tally, 
Walker, and Winner— 43. 

Voting in the negative: Senator Royall— 1. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, July 12, for 
further consideration, upon third reading. 

WITHDRAWAL FROM COMMITTEE 

S.B. 1404 (House Committee Substitute), a bill to require consent of the Harnett, 
Haywood, Henderson, Jackson, Lee, Madison, Rockingham, Stokes, Swain, and 
Union County Boards of Commissioners before land in those Counties may be con- 
demned or acquired by a unit of local government outside the County. 

On motion of Senator Sands, the rules are suspended, and the House Committee 
Substitute bill is taken from the Local Government and Regional Affairs 



July 11, 1990 



194 SENATE JOURNAL [Second Session 

Committee and is placed before the Senate for immediate consideration, for concur- 
rence in the House Committee Substitute bill. 

The Senate fails to concur in the House Committee Substitute bill (6-40). 

Senator Sands offers a motion that the Senate do appoint conferrees, which motion 
prevails. 

H.B. 2288 (Committee Substitute), a bill to provide that both felons and mis- 
demeanants shall be eligible for intensive probation and parole. 

On motion of Senator Swain, the rules are suspended, and the Committee Substitute 
bill is taken from the Judiciary I Committee and is placed on the Calendar for 
tomorrow, July 12. 



CALENDAR (Continued) 

S.B. 1616, a bill to alter the manner for selecting drainage commissioners and to 
provide notice prior to assessment, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Ezzell, Goldston, Har- 
din, Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Kincaid, Lee, Martin of 
Pitt, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, 
Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Swain, Taft, Tally, Walker, 
Wilson, and Winner — 44. 

Voting in the negative: None. 

Without objection, the Chair orders the bill sent to the House of Representatives by 
special messenger. 

S.B. 455 (Committee Substitute), a bill to provide early intervention, developmen- 
tal services, and education to handicapped children from birth to five years of age. 

Senator Chalk offers Amendment No. 1 which fails of adoption (11-32). 

Senator Simpson offers Amendment No. 2. Senator Kaplan offers a motion that 
Amendment No. 2 do lie upon the table, seconded by Senator Marvin, which motion 
prevails (30-17). Amendment No. 2 lies upon the table. 

The Committee Substitute bill passes its second reading (44-2). 

Senator Marvin objects to the third reading of the measure and the Committee Sub- 
stitute bill remains on the Calendar for tomorrow, July 12, for further consideration, 
upon third reading. 



WITHDRAWAL FROM COMMITTEE 

H.B. 2403, a bill to extend to two years the time period for which victims ten years 
old or younger may receive compensation for economic loss from the Victims Com- 
pensation Fund. 

On motion of Senator Basnight, the rules are suspended, and the bill is taken from 
the Judiciary I Committee and is placed before the Senate for immediate consid- 
eration. 

Without objection. Senator Ballance is excused from voting on the bill for the stated 
reason: "My law firm is involved in a case which this bill affects." 

The bill passes its second (45-0) and third readings and is ordered enrolled. 



WITHDRAWAL FROM CLERK'S OFFICE 



Senator Winner offers a motion that H.B. 2350, a bill to conform the Social Serv- 
ice Statutes with the Federal Job Opportunities and Basic Skills Training Program and 



July 11, 1990 



1990] • * SENATE JOURNAL 195 

to preserve State funds, ordered held as filed in the Office of the Principal Clerk on 
July 9, 1990, pursuant to Resolution 34, be taken from the Clerk's Office and pre- 
sented to the Senate, which motion prevails. The bill is presented to the Senate, read 
the first time and on motion of Senator Winner is referred to the Human Resources 
Committee. 

APPOINTMENT OF CONFERENCE COMMITTEE 

The motion of Senator Sands, prevailing earlier today on S.B. 1404 (House Com- 
mittee Substitute), a bill to require consent of the Harnett, Haywood, Henderson, 
Jackson, Lee, Madison, Rockingham, Stokes, Swain, and Union County Boards of 
Commissioners before land in those Counties may be condemned or acquired by a unit 
of local government outside the County, that the Senate do appoint conferees, the 
President Pro Tempore appoints Senators Sands (Chairman), Odom, Block, Winner, 
and Wilson as conferees on the part of the Senate to resolve the differences arising 
between the two Bodies, and a message is ordered sent to the House of Representatives 
informing that Honorable Body of such action and requesting conferees. 

CALENDAR (Continued) 

S.B. 1393 (Committee Substitute), a bill to regulate motor vehicle subleasing and 
loan assumption arranging. 

Without objection, on motion of Senator Soles the Committee Substitute bill is tem- 
porarily displaced. 

S.B. 1618, a bill to make releasing of motor vehicles unlawful. 

Without objection, on motion of Senator Soles, the bill is taken up out of its regular 
order of business. 

Senator Ezzell offers Amendment No. 1. 

Without objection, on motion of Senator Ezzell, the bill is temporarily displaced, 
with Amendment No. 1 pending. 

S.B. 1416 (Committee Substitute), a bill to appoint persons to various boards and 
commissions upon the recommendation of the President of the Senate. 

The Committee Substitute bill passes its second (47-0) and third readings and the 
Chair orders the bill, without objection, sent to the House of Representatives by spe- 
cial messenger. 

S.J.R. 1438, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a joint resolution honoring the life and memory of Samuel Benjamin 
Frink, former member of the General Assembly. 

The joint resolution passes its second (47-0) and third readings and is ordered, on 
motion of Senator Soles, without objection, sent to the House of Representatives by 
special messenger. 

S.J.R. 1611, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to require resident inspectors at commer- 
cial hazardous waste facilities. 

Without objection, on motion of Senator Royall, the joint resolution is temporarily 
displaced. 

S.J.R. 1614, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to provide that the probationary time be- 
tween an interlocutory decree and final adoption order may be the same for private 
adoptions as those arranged by social services or a licensed child-placing agency. 

The joint resolution passes its second (46-0) and third readings and the Chair or- 
ders the joint resolution, without objection, sent to the House of Representatives by 
special messenger. 



July 11, 1990 



196 SENATE JOURNAL [Second Session 

H.B. 351, a bill to provide that legislators' economic interest statements will be 
available in a central place. 

The bill passes its second reading (41-2). 

Without objection, the bill remains before the Senate for consideration upon third 
reading. Subsequently, on motion of Senator Ballance the bill is temporarily dis- 
placed. 

S.B. 1618, a bill to make releasing of motor vehicles unlawful, temporarily dis- 
placed earlier, with Amendment No. 1 pending. 

Amendment No. 1, offered by Senator Ezzell, is adopted (47-0). 

The bill, as amended, passes its second reading (46-1). 

Senator Barker objects to the third reading of the measure, and the Chair orders the 
bill, as amended, placed on the Calendar for tomorrow, July 12, for further considera- 
tion, upon third reading. 

S.J.R. 1611, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to require resident inspectors at commer- 
cial hazardous waste facilities, temporarily displaced earlier. 

The joint resolution passes its second (46-0) and third readings and is ordered, on 
motion of Senator Royall, without objection, sent to the House of Representatives by 
special messenger. 

S.B. 1393 (Committee Substitute), a bill to regulate motor vehicle subleasing and 
loan assumption arranging, temporarily displaced earlier. 

On motion of Senator Soles, further consideration of the Committee Substitute bill is 
postponed until tomorrow, July 12. 

H.B. 351, a bill to provide that legislators' economic interest statements will be 
available in a central place, temporarily displaced earlier, upon third reading. 
The bill passes its third reading (45-0) and is ordered enrolled. 

H.B. 1028 (Committee Substitute), a bill to revise the election of presidential elec- 
tors. 

Senator Bryan offers Amendment No. 1. Senator Taft offers a motion that Amend- 
ment No. 1 do lie upon the table, seconded by Senator Kaplan, which motion prevails 
(33-12). Amendment No. 1 lies upon the table. 

Pursuant to Rule 42.1, Senator Kincaid, Vice-Chairman of the Appropriations 
Committee requests a fiscal note. The Chair orders the Committee Substitute bill 
placed on the Calendar for Friday, July 13, for receipt of a fiscal note. 

Senator Taft offers a motion that the rules be suspended to place the Committee 
Substitute bill on the Calendar for tomorrow, July 12, if the fiscal note is received, 
which motion prevails (34-12). The Chair orders the Committee Substitute bill placed 
on the Calendar for tomorrow, July 12, for receipt of a fiscal note. 

H. J.R. 2024, a joint resolution honoring the life and memory of Elisha Mitchell on 
the Seventy-Fifth Anniversary of Mount Mitchell State Park and commemorating the 
establishment of the first State Park in North Carolina. 

The joint resolution passes its second (43-0) and third readings and is ordered en- 
rolled. 

S.B. 1618, a bill to make releasing of motor vehicles unlawful, as amended, upon 
third reading. 

Senator Barker withdraws his objection to third reading and with unanimous con- 
sent, the bill, as amended, is withdrawn from the Calendar of July 12, and is placed 
before the Senate for further consideration upon its third reading. 

The bill, as amended, passes its third reading (39-1) and, without objection, on 
motion of Senator Wilson, is ordered engrossed and sent to the House of Representa- 
tives by special messenger. 



July 11, 1990 



1990] SENATE JOURNAL 197 

WITHDRAWAL FROM COMMITTEE 

H.B. 2091, a bill to provide for an age seventy sportsman combination hunting- 
fishing license. 

On motion of Senator Barker, the rules are suspended, and the bill is taken from the 
Finance Committee and is placed on the Calendar for tomorrow, July 12. 

H.B. 2092, a bill to provide for complimentary fishing licenses for residents of rest 
homes. 

On motion of Senator Barker, the rules are suspended, and the bill is taken from the 
Finance Committee and is placed on the Calendar for tomorrow, July 12. 

Without objection, on motion of Senator Barnes, the Senate stands in recess for 
fifteen minutes for the purpose of an Appropriations Committee meeting. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable James 
C. Gardner, Lieutenant Governor. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.B. 465 House of Representatives 

(House Committee Substitute) July 11, 1990 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur in House 
Committee Substitute to SB. No. 465, A BILL TO BE ENTITLED AN ACT TO 
CLARIFY THE MOTOR VEHICLE SALVAGE TITLE LAW AND TO REQUIRE 
CERTAIN DAMAGE DISCLOSURES, the Speaker has appointed as conferees on 
the part of the House Representatives Weatherly, Cooper and Hackney to act with a 
like committee on the part of the Senate to the end that the differences existing be- 
tween the two bodies may be adjusted. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 



WITHDRAWAL FROM COMMITTEE 

S.B. 1447 (Committee Substitute), a bill to suspend the operation of an annexation 
ordinance of the Town of Andrews. 

Senator Hardin offers a motion that the rules be suspended and the Committee Sub- 
stitute bill be taken from the Finance Committee and placed on the Calendar for 
tomorrow, July 12, for consideration which motion fails to prevail (15-18). 



REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 



July 11, 1990 



in SENATE JOURNAL [Second Session 

By Senator Royall for the Appropriations Committee: 

H.B. 2245 (Committee Substitute), a bill to authorize the issuance of not in excess 
of seventy-five million dollars bonds of the State to provide funds, with any other 
available funds, for State prison facilities, such authorized bonds to be issued without 
an election during the biennium ended June 30, 1991, in an amount not in excess of 
such authorized amount and not in excess of two-thirds of the amount by which the 
State's outstanding indebtedness shall have been reduced during the 1987-89 bien- 
nium, and to raise the prison population cap, with a favorable report. 

By Senator Rauch for the Finance Committee: 

S.B. 1388, a bill to restructure the budget process so as to assure more stable budg- 
eting, by providing for use of the prior calendar year's collections as the revenue esti- 
mates, limiting use of reversions to one-time expenditures, providing for annual budg- 
ets, and streamlining the legislative process as a result, with an unfavorable report as 
to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Rauch, the rules are suspended and the Committee Substitute 
bill, which changes the title to read, S.B. 1388 (Committee Substitute), a bill to pro- 
vide for annual budgets, streamline the legislative process, and study a restructuring of 
the budget process so as to assure more stable budgeting, by providing for use of the 
prior calendar year's collections as the revenue estimates, rescheduling the primary 
and other election-law dates, limiting use of reversions to one-time expenditures, is 
placed before the Senate for immediate consideration. 

On motion of Senator Rauch, the Committee Substitute bill is adopted, and on his 
further motion remains before the Senate for further consideration. 

Pursuant to Rule 42, Senator Royall, Chairman of the Appropriations Commit- 
tee calls for referral of the Committee Substitute bill to the Appropriations Com- 
mittee. The Chair orders the bill re-referred to the Appropriations Committee. 



APPOINTMENT OF CONFERENCE COMMITTEE 

The motion of Senator Royall, prevailing earlier today on S.B. 1426 (House Com- 
mittee Substitute), a bill to modify the current operations appropriations for North 
Carolina for the 1990-91 fiscal year and to make other changes in the budget opera- 
tion of the State, that the Senate do appoint conferees, the President Pro Tempore 
appoints Senators Royall (Chairman), Basnight, Walker, Marvin, Martin of Pitt, 
Rauch, Plyler, Hunt of Durham, Conder, Goldston, Kincaid, and Chalk as conferees 
on the part of the Senate to resolve the differences arising between the two Bodies, and 
a message is ordered sent to the House of Representatives informing that Honorable 
Body of such action and requesting conferees. 

On motion of Senator Barnes, seconded by Senator Taft, the Senate adjourns at 
4:15 P.M. to meet tomorrow, July 12, at 1:00 P.M. 



ONE HUNDRED SIXTY-FIRST DAY 

Senate Chamber, 
Thursday, July 12, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 



July 12, 1990 



1990] ^ SENATE JOURNAL 199 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Father, we are grateful today for those analogies and sayings that are passed along 
that help us understand life more fully and with greater depth. One such analogy 
comes to mind this afternoon, diamonds are created under pressure. While pressure 
and stress at times feel uncomfortable, remind us that the rewards from meeting a 
stressful challenge are always worth the effort. 

"Help us, also. Father, to understand that the word diamond refers not only to the 
finished product, in this case laws and programs, but also refers to the people involved 
in the process. 

"For the way in which these legislative challenges refine us as individuals and 
broaden our vision of the needs of our fellow North Carolinians, we thank You. 
Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
July 11, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senator Ballance, who is attending the 
funeral of his father-in-law; to Senator Johnson of Cabarrus, whose attendance is 
required in court; and to Senator Staton and Senator Martin of Guilford. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.B. 351, an act to provide that legislators' economic interest statements will be 
available in a central place. (Ch. 890) 

H.B. 1147 (Senate Committee Substitute No. 2), an act to clarify that a joint ten- 
ancy with right of survivorship may be created if the right of survivorship is expressly 
provided for in the instrument creating the joint tenancy. (Ch. 891) 

H.B. 1427 (Senate Committee Substitute), an act to modify per diem and officer 
salary authorization for the Board of Dental Examiners. (Ch. 892) 

H.B. 2079, an act to increase the maximum vehicle tax that can be levied in the 
Town of Ahoskie from five dollars to ten dollars. (Ch. 893) 

H.B. 2160 (Committee Substitute No. 2), an act to incorporate the Town of 
Badin, subject to a referendum. (Ch. 894) 

H.B. 2170, an act to revise and consolidate the Charter of the Town of Chad- 
bourn. (Ch. 895) 

H.B. 2171, an act to amend the Charter of the City of Greensboro with respect to 
recall petitions and with respect to voting requirements on appropriating funds from the 
General Fund balance of the City of Greensboro. (Ch. 896) 

H.B. 2184, an act to provide for the registration of land in Warren County and to 
require any person hunting or possessing a firearm or bow and arrow that is readily 
available for use to secure an entry permit before entering or remaining on registered 
land or remaining on abutting portions of highway. (Ch. 897) 

H.B. 2403, an act to extend to two years the time period for which victims ten 
years old or younger may receive compensation for economic loss from the Victims 
Compensation Fund. (Ch. 898) 



July 12, 1990 



200 SENATE JOURNAL [Second Session 

S.J.R. 1438, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a joint resolution honoring the life and memory of Samuel Benjamin 
Frink, former member of the General Assembly. (Res. 61) 

S.J.R. 1604, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to provide the rules and procedures for 
municipal redistricting in 1991. (Res. 62) 

S.J.R. 1614, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to provide that the probationary time be- 
tween an interlocutory decree and final adoption order may be the same for private 
adoptions as those arranged by social services or a licensed child-placing agency. 
(Res. 63) 

H. J.R. 2024, a joint resolution honoring the life and memory of Elisha Mitchell on 
the Seventy-Fifth Anniversary of Mount Mitchell State Park and commemorating the 
establishment of the first State Park in North Carolina. (Res. 64) 

The Chair announces that, without objection, all bills and resolutions ordered sent 
to the House of Representatives today shall be sent by special messenger. 



REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Block for the Pensions and Retirement Committee: 

H.B. 2041, a bill to amend the law regarding the Cary Local Supplemental Retire- 
ment Benefit Fund, with a favorable report. 

H.B. 2168 (Committee Substitute), a bill to regulate the use to which the excess 
proceeds of the Windsor Firemen's Local Relief Fund may be put, with a favorable 
report. 

H.B. 2189, a bill to increase the amount that can be received in benefits from the 
Lexington Firemen's Supplemental Retirement Fund, with a favorable report. 

H.B. 2267, a bill to expand the eligibility for membership in the Supplemental Re- 
tirement Income Plan to employees of certain local governments and make technical 
corrections, with a favorable report. 

S.B. 1598, a bill to increase the retirement formula for members and beneficiaries 
of the Teachers' and State Employees' Retirement System and the Local Governmen- 
tal Employees' Retirement System, and to provide a cost-of-living increase to retirees 
of the Teachers' and State Employees' Retirement System, the Consolidated Judicial 
Retirement System, the Legislative Retirement System, and the Local Governmental 
Employees' Retirement System, with an unfavorable report as to bill, but favorable as 
to Committee Substitute bill. 

On motion of Senator Block, the rules are suspended and the Committee Substitute 
bill which changes the title to read, S.B. 1598 (Committee Substitute), a bill to in- 
crease the retirement formula for members and beneficiaries of the Teachers' and 
State Employees' Retirement System and the Local Governmental Employees' Retire- 
ment System, and to provide an increase to retirees of the Teachers' and State Em- 
ployees' Retirement System, the Consolidated Judicial Retirement System, the Legis- 
lative Retirement System, and the Local Governmental Employees' Retirement Sys- 
tem, is placed before the Senate for immediate consideration. 



July 12, 1990 



1990] SENATE JOURNAL 201 

On motion of Senator Block, the Committee Substitute bill is adopted, and on his 
further motion is re-referred to the Appropriations Committee. 

By Senator Royall for the Appropriations Committee: 

S.B. 1525, a bill to authorize the construction and the financing, without appro- 
priations from the General Fund, of certain capital improvements projects of the con- 
stituent institutions of the University of North Carolina and the University of North 
Carolina Hospitals at Chapel Hill, with a favorable report. 

S.B. 1526, a bill to amend the authorization for a wholly self-liquidating project for 
the University of North Carolina at Greensboro that was originally enacted by Chapter 
806 of the 1987 Session Laws and was amended by Chapter 995 of the 1987 Session 
Laws, with a favorable report. 

S.B. 1388 (Committee Substitute), a bill to provide for annual budgets, streamline 
the legislative process, and study a restructuring of the budget process so as to assure 
more stable budgeting, by providing for use of the prior calendar year's collections as 
the revenue estimates, rescheduling the primary and other election-law dates, limiting 
use of reversions to one-time expenditures, with a favorable report, as amended. 

On motion of Senator Goldston, the rules are suspended and the Committee Substi- 
tute bill is placed at the end of today's Calendar, for consideration. 

S.B. 1570, a bill to implement the joint report to provide management incentives 
and flexibility for the constituent institutions of the University of North Carolina, with 
an unfavorable report as to bill, but favorable as to Committee Substitute bill with 
Amendment No. 1, not engrossed. 

On motion of Senator Royall, the rules are suspended and the Committee Substitute 
bill with Amendment No. 1, which changes the title to read, S.B. 1570 (Committee 
Substitute) , a bill to implement the joint report to provide management incentives and 
flexibility for the constituent institutions of the University of North Carolina and to 
require the creation and enhancement of a program of public service and technical 
assistance to the public schools, is placed before the Senate for immediate considera- 
tion. 

On motion of Senator Royall, the Committee Substitute bill with Amendment No. 1 
is adopted, and on his further motion is placed on the Calendar for tomorrow, July 13, 
for further consideration. 

By Senator Johnson of Wake for the Judiciary III Committee: 

H.B. 2269 (Committee Substitute), a bill to allow a Superior Court Judge to enter 
judgment in a caveat proceeding in accordance with a settlement agreement entered 
into by the parties, either sustaining or setting aside the will, with a favorable report. 



WITHDRAWAL FROM COMMITTEE 

S.B. 1567, a bill to clarify the size of the site selected as the preferred site for the 
low-level radioactive waste disposal facility, to appropriate additional funds to assure 
that the facility is properly sized, and to impose a tax for the privilege of using a low- 
level radioactive waste facility operated pursuant to Chapter 104G of the General Stat- 
utes. 

On motion of Senator Royall, the rules are suspended, and the bill is taken from the 
Appropriations Committee and is re-referred to the Finance Committee. 



July 12, 1990 



202 SENATE JOURNAL [Second Session 

REPORTS OF COMMITTEES (Continued) 
By Senator Plyler for the Ways and Means Committee: 

H. J.R. 447, a joint resolution opposing the use of motor fuel tax for reduction of 
the federal deficit, with a favorable report. 

Senator Plyler offers a motion to suspend the rules and place the measure before the 
Senate for immediate consideration, which motion he subsequently withdraws. 

With unanimous consent, Senator Plyler withdraws the Committee Report. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

S.B. 1426 House of Representatives 

(House Committee Substitute) July 11, 1990 ' ; - 

Mr. President: .; ^ 

Pursuant to your information that your Honorable Body failed to concur in House 
Comm. Sub. to SB. No. 1426, A BILL TO BE ENTITLED AN ACT TO MODIFY 
THE CURRENT OPERATIONS APPROPRIATIONS FOR NORTH CAROLINA 
FOR THE 1990-91 FISCAL YEAR AND TO MAKE OTHER CHANGES IN THE 
BUDGET OPERATION OF THE STATE, the Speaker has appointed as conferees on 
the part of the House, Representatives Diamont, Beard, Holmes, G. Wilson, J. W. 
Crawford, Tart, Easterling, Fitch, McLaughlin, Woodard, Gardner, Stam, Huffman, 
Justus, DeVane, Wood and Red wine, to act with a like committee on the part of the 
Senate to the end that the differences existing between the two bodies may be adjusted. 

Respectfully, 
S/Grace A. Collins 
, ,: ' ' Principal Clerk 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

H.B. 1241 House of Representatives 

«>" • V July 11, 1990 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House fails to concur in the Senate amendment to HB. No. 1241, A BILL TO 
BE ENTITLED AN ACT TO CLARIFY THE STATUS OF A MILITARY DE- 
PENDENT ELIGIBLE FOR IN-STATE TUITION AT THE UNIVERSITY OF 
NORTH CAROLINA, and requests conferees. The Speaker has appointed Represen- 
tatives B. Ethridge, Hurley, Chapin, Cunningham and Privette on the part of the 
House to confer with a like committee appointed by the Senate to the end that the 
differences arising may be adjusted. 

Respectfully, 

■',;;■ ;'.;.■.' .-:,U ''..-v S/Grace A. Collins 

j{> ? ■■:-.: Principal Clerk 



July 12, 1990 



1990] SENATE JOURNAL 203 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

S.B. 1337 House of Representatives 

(House Committee Substitute) July 11, 1990 

Mr. President: 

It is ordered that a message be sent your Honorable Body respectfully requesting the 
return of House Committee Substitute for SB 1337, "A BILL TO BE ENTITLED AN 
ACT TO MAKE VARIOUS TECHNICAL AMENDMENTS TO THE GENERAL 
STATUTES AND TO THE SESSION LAWS AND FOR OTHER PURPOSES", for 
further consideration by the House of Representatives. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Further special messages are received from the House of Representatives, as fol- 
lows: 

H.B. 2284 (Committee Substitute), a bill to create a Sentencing and PoHcy Advi- 
sory Commission and to establish a uniform standard for the development of criminal 
justice policy. 

Referred to Judiciary I Committee. 

H.B. 2335 (Committee Substitute), a bill to implement the joint report to provide 
management incentives and flexibility for the constituent institutions of the University 
of North Carolina and to require the creation and enhancement of a program of public 
service and technical assistance to the public schools. 

Referred to Appropriations Committee. 

On motion of Senator Royall, the rules are suspended, and the House Committee 
Substitute bill is taken from the Appropriations Committee and is placed on the 
Calendar for tomorrow, July 13, immediately preceding identical measure S.B. 1570, 
for consideration. 

H.B. 2391 (Committee Substitute), a bill to increase the maximum fine for parking 
in a handicapped parking space and to require signs designating handicapped parking 
spaces to state the penalty for parking in the space in violation of the law. 

Referred to Constitution Committee. 

H.B. 2398 (Committee Substitute), a bill to provide for the Hcensure of crematory 
operators and to establish the crematory authority within the Board of Mortuary Sci- 
ence. 

Referred to Finance Committee. 

S.B. 1421 (House Committee Substitute), a bill to amend the law relating to the 
Raleigh Firemen's Supplemental Retirement Fund, for concurrence in the House 
Committee Substitute bill. 

Recomitted to Pensions and Retirement Committee. 

S.B. 1463 (House Committee Substitute), a bill to amend the law relating to the 
Firemen's Pension and Disability Fund in the City of High Point, for concurrence in 
the House Committee Substitute bill. 

Recommitted to Pensions and Retirement Committee. 



July 12, 1990 



204 SENATE JOURNAL [Second Session 

S.B. 1509, a bill to authorize water column leases for aquaculture within recognized 
shellfish franchises, for concurrence in the House Committee Substitute bill, which 
changes the title, upon concurrence, to read S.B. 1509 (House Committee Substi- 
tute) , a bill to authorize water column leases for aquaculture within recognized shell- 
fish franchises and to delay action to terminate shellfish cultivation leases for one 
year. 

The Chair orders the House Committee Substitute bill placed on the Calendar for 
tomorrow, July 13, upon concurrence. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.B. 1404 House of Representatives 

(House Committee Substitute) July 11, 1990 

Mr. President: ^., „,. -,,^, . , ,, .^, ^ .,^.^ ,„„..,„ ^ -,;....., ., 

Pursuant to your information that your Honorable Body failed to concur in House 
Comm. Sub. to SB. No. 1404, A BILL TO BE ENTITLED AN ACT TO REQUIRE 
CONSENT OF THE HARNETT, HAYWOOD, HENDERSON, JACKSON, LEE, 
MADISON, ROCKINGHAM, STOKES, SWAIN, AND UNION COUNTY 
BOARDS OF COMMISSIONERS BEFORE LAND IN THOSE COUNTIES MAY 
BE CONDEMNED OR ACQUIRED BY A UNIT OF LOCAL GOVERNMENT 
OUTSIDE THE COUNTY, the Speaker has appointed as conferees on the part of the 
House, Representatives Dawkins, Justus, Ramsey, Loflin and P. Wilson, to act with a 
like committee on the part of the Senate to the end that the differences existing be- 
tween the two bodies may be adjusted. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 



REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Royall for the Appropriations Committee: 

S.B. 1543, a bill to clarify the authority of local school boards to select supplemen- 
tal instructional material, to clarify requirements concerning the development of differ- 
entiated pay plans, and to appropriate funds for the implementation of differentiated 
pay plans, with an unfavorable report as to bill, but favorable as to Committee Substi- 
tute bill. 

On motion of Senator Royall, the rules are suspended and the Committee Substitute 
bill which changes the title to read, S.B. 1543 (Committee Substitute), a bill relating 
to the funding and operation of the Drivers Education Program, is placed before the 
Senate for immediate consideration. 

On motion of Senator Royall, the Committee Substitute bill is adopted and on his 
further motion is placed on the Calendar for tomorrow, July 13, for further considera- 
tion. 



July 12, 1990 



1990] SENATE JOURNAL 205 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H.B. 2081, a bill to provide that the City of Gastonia may, by unanimous vote of 
the full membership of the City Council, increase the vehicle tax levied in the City 
from five dollars to no more than fifteen dollars, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 41, noes 1, as 
follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daughtry, Ezzell, Goldston, Guy, Har- 
din, Harris, Hunt of Durham, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of 
Pitt, Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, Richardson, Sands, Shaw, 
Sherron, Simpson, Smith, Soles, Speed, Taft, Tally, Walker, Wilson, and Win- 
ner — 41. 

Voting in the negative: Senator Royall — 1. 

The bill, as amended, is ordered sent to the House of Representatives, for concur- 
rence in Senate Amendment No. 1. 

S.B. 1448, a bill to allow Cherokee County to estabhsh a county recreation and 
security service district, and levy a tax in that district for services of the district, sub- 
ject to a referendum, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daughtry, Goldston, Guy, Hardin, 
Harris, Hunt of Durham, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of Pitt, 
Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, 
Shaw, Sherron, Simpson, Smith, Soles, Speed, Taft, Tally, Walker, Wilson, and 
Winner— 42. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, July 13, for further consid- 
eration, upon third reading. 

S.B. 1527 (Committee Substitute), a bill to provide refunds of Charlotte/Mecklen- 
burg meals tax paid by certain nonprofit and governmental entities on purchases eligi- 
ble for sales tax refunds, upon second reading. 

The Chair rules the Committee Substitute bill does not require a call of the roll. 

The Committee Substitute bill passes its second (44-0) and third readings and is 
ordered, without objection, sent to the House of Representatives by special messenger. 

H.B. 899 (Committee Substitute), a bill to allow Randolph County to create rural 
fire protection districts contiguous with the boundaries of existing county fire service 
districts, and to annex territory to rural fire protection districts, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 40, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Conder, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, 
Harris, Hunt of Durham, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of Pitt, 
Marvin, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, Sherron, 
Simpson, Smith, Speed, Taft, Tally, Walker, Wilson, and Winner— 40. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, July 
13, for further consideration, upon third reading. 

H.B. 2084, a bill to authorize the Village of Bald Head Island to contract for water 
supply and pressure for fire protection purposes without complying with the bid statutes 
and to impose special assessments, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 34, noes 0, as follows: 



July 12, 1990 



206 SENATE JOURNAL [Second Session 

Voting in the affirmative: Senators Barker, Barnes, Basnight, Bryan, Carpenter, 
Chalk, Conder, Daniel, Daughtry, Goldston, Hardin, Harris, Hunt of Durham, 
Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Murphy, Odom, Parnell, Plyler, 
Rauch, Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Speed, Taft, 
Walker, Wilson, and Winner — 34. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, July 13, for further consid- 
eration, upon third reading. 

H.B. 2094, a bill to confirm the corporate limits and to ratify actions of the Board 
of Aldermen of the City of Bakersville, upon second reading. 

On motion of Senator Sands, Committee Amendment No. 1 is adopted changing 
the title, upon concurrence, to read H.B. 2094, a bill to confirm the corporate limits 
of the City of Bakersville. 

The bill, as amended, passes its second reading by roll-call vote, ayes 41, noes 0, 
as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Goldston, Guy, 
Hardin, Harris, Hunt of Durham, Johnson of Wake, Kincaid, Lee, Martin of Pitt, 
Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, 
Shaw, Sherron, Simpson, Smith, Speed, Taft, Tally, Walker, Wilson, and Win- 
ner — 4L 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, July 13, for 
further consideration, upon third reading. 

H.B. 2101, a bill to annex certain described territory to the Town of Trent Woods, 
and providing that the general law on compensation of municipal officers shall apply, 
as amended, upon second reading. 

The bill, as amended, passes its second reading by roll-call vote, ayes 38, noes 0, 
as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Goldston, Guy, 
Hardin, Harris, Hunt of Durham, Johnson of Wake, Lee, Martin of Pitt, Marvin, 
Murphy, Odom, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, 
Sherron, Smith, Speed, Tally, Walker, Wilson, and Winner— 38. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, July 13, for 
further consideration, upon third reading. 

H.B. 2119, a bill to authorize Davie County to levy a room occupancy and tourism 
development tax, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Goldston, Guy, 
Hardin, Harris, Hunt of Durham, Johnson of Wake, Kincaid, Lee, Martin of Pitt, 
Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, 
Shaw, Sherron, Simpson, Smith, Speed, Taft, Tally, Walker, Wilson, and Win- 
ner — 41. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, July 13, for further consid- 
eration, upon third reading. 

H.B. 2193, a bill to allow the Harnett County Board of Commissioners, after pub- 
lic hearing, to extend the boundaries of any voted fire protection district out to five 
road miles, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 38, noes 0, as follows: 



July 12, 1990 



1990] SENATE JOURNAL 207 

Voting in the affirmative: Senators Barker, Barnes, Basnight, Block, Bryan, Car- 
penter, Cochrane, Conder, Daniel, Daughtry, Goldston, Guy, Hardin, Harris, Hunt 
of Durham, Johnson of Wake, Kincaid, Lee, Martin of Pitt, Marvin, Murphy, 
Odom, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, Sherron, 
Smith, Speed, Taft, Tally, Walker, Wilson, and Winner— 38. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, July 13, for further consid- 
eration, upon third reading. 

H.B. 2262, a bill to allow the Town of Richfield to be included within a rural fire 
protection district, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 40, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Goldston, Guy, 
Hardin, Harris, Hunt of Durham, Johnson of Wake, Kaplan, Kincaid, Lee, Martin 
of Pitt, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Richardson, Royall, Sands, 
Shaw, Sherron, Simpson, Smith, Taft, Tally, Walker, Wilson, and Winner— 40. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, July 13, for further consid- 
eration, upon third reading. 

H.B. 2268, a bill to remove a described area from the corporate limits of the Town 
of Elm City, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Goldston, Guy, 
Hardin, Harris, Hunt of Durham, Johnson of Wake, Kaplan, Kincaid, Lee, Martin 
of Pitt, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, Richardson, 
Royall, Sands, Shaw, Sherron, Simpson, Smith, Speed, Taft, Tally, Walker, 
Wilson, and Winner — 42. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, July 13, for further consid- 
eration, upon third reading. 

S.B. 1486, a bill to provide that the Pender County Board of Education shall take 
office on the first day of July following its election. 

The bill passes its second and third readings and is ordered, without objection, sent 
to the House of Representatives by special messenger. 

H.B. 2099, a bill to amend Chapter 1073 of the 1959 Session Laws to provide that 
the sheriff issue Pender County weapon permits. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2112, a bill to allow Pender County to name and assign street numbers to 
private roads in unincorporated areas. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2132, a bill to allow the Town of Kernersville to dispose of certain real prop- 
erty by private negotiation and sale. 

On motion of Senator Sands, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings and is ordered sent to the 
House of Representatives, for concurrence in Senate Amendment No. 1, without ob- 
jection, by special messenger. 

H.B. 2152, a bill to authorize the City of Greenville to increase the number of 
Parking Authority Commissioners. 

The bill passes its second and third readings and is ordered enrolled. 



July 12, 1990 



im SENATE JOURNAL [Second Session 

S.J.R. 1619, a joint resolution honoring the life and memory of Fred Moore Mills, 
Jr. 

Without objection, on motion of Senator Plyler, the joint resolution is taken up out 
of its regular order of business. 

The Chair orders the joint resolution read in its entirety, and extends courtesies of 
the gallery to the family and friends of former Senator Mills. 

The joint resolution passes its second (44-0) and third readings and is ordered, 
without objection, sent to the House of Representatives by special messenger, 

H.B. 2197 (Senate Committee Substitute), a bill to repeal an annexation of the 
Town of Leiand. 

The Chair rules the Senate Committee Substitute bill requires a call of the roll. 

The Senate Committee Substitute bill passes its second reading by roll-call vote, 
ayes 40, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Conder, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, 
Harris, Hunt of Durham, Johnson of Wake, Kaplan, Kincaid, Lee, Marvin, Murphy, 
Odom, Parnell, Plyler, Rauch, Raynor, Richardson, Sands, Shaw, Sherron, Smith, 
Speed, Swain, Taft, Tally, Walker, Wilson, and Winner— 40. 

Voting in the negative: None. 

The Senate Committee Substitute bill is ordered placed on the Calendar for tomor- 
row, July 13, for further consideration, upon third reading. 

H.B. 929, a bill to authorize counties to make special assessments for street lights 
in residential subdivisions, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 33, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Bryan, Car- 
penter, Chalk, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, Harris, Hunt of 
Durham, Johnson of Wake, Kincaid, Marvin, Murphy, Odom, Parnell, Rauch, 
Richardson, Royall, Sands, Shaw, Simpson, Speed, Taft, Tally, Walker, Wilson, 
and Winner— 33. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, July 13, for further consid- 
eration, upon third reading. 

H.B. 2227 (Senate Committee Substitute), a bill to provide for acquisition of right- 
of-way by the Department of Transportation for location and relocation of utility in- 
frastructure and to clarify the regulatory authority of the Utilities Commission with 
regard to natural gas, upon second reading. 

The Senate Committee Substitute bill passes its second reading by roll-call vote, 
ayes 39, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Daniel, Daughtry, Ezzell, Goldston, Guy, Har- 
din, Harris, Hunt of Durham, Johnson of Wake, Kaplan, Kincaid, Lee, Marvin, 
Murphy, Odom, Parnell, Rauch, Richardson, Royall, Sands, Shaw, Simpson, Smith, 
Speed, Swain, Taft, Tally, Walker, Wilson, and Winner— 39. 

Voting in the negative: None. 

The Senate Committee Substitute bill is ordered placed on the Calendar for tomor- 
row, July 13, for further consideration, upon third reading. 

WITHDRAWALS FROM COMMITTEE 

S.B. 1337 (House Committee Substitute), a bill to make various technical amend- 
ments to the General Statutes and to the Session Laws and for other purposes. 

On motion of Senator Ezzell, the rules are suspended, and the House Committee 
Substitute bill is taken from the Constitution Committee and pursuant to the spe- 
cial message received earlier today requesting its return to the House of 



July 12, 1990 



1990] - SENATE JOURNAL 209 

Representatives, Senator Ezzell offers a motion to comply, which motion prevails. 
The Chair orders the measure returned to the House of Representatives for further 
consideration. 

S.B. 1421 (House Committee Substitute), a bill to amend the law relating to the 
Raleigh Firemen's Supplemental Retirement Fund. 

On motion of Senator Block, the rules are suspended, and the House Committee 
Substitute bill is taken from the Pensions and Retirement Committee and is 
placed on the Calendar for tomorrow, July 13, for consideration upon concurrence. 

S.B. 1463 (House Committee Substitute), a bill to amend the law relating to the 
Firemen's Pension and Disability Fund in the City of High Point. 

On motion of Senator Block, the rules are suspended, and the House Committee 
Substitute bill is taken from the Pensions and Retirement Committee and is 
placed on the Calendar for tomorrow, July 13, for consideration upon concurrence. 

H.B. 2280, a bill to allow Dare County to establish a special leash law district, 
apply a leash law within that district, and levy a tax in that district for enforcement of 
the leash law. 

On motion of Senator Sands, the rules are suspended, and the bill is taken from the 
Local Government and Regional Affairs Committee and is recommitted to 
the Finance Committee. 

CALENDAR (Continued) 

H.B. 2245 (Committee Substitute), a bill to authorize the issuance of not in excess 
of seventy-five million dollars bonds of the State to provide funds, with any other 
available funds, for State prison facilities, such authorized bonds to be issued without 
an election during the biennium ended June 30, 1991, in an amount not in excess of 
such authorized amount and not in excess of two-thirds of the amount by which the 
State's outstanding indebtedness shall have been reduced during the 1987-89 bien- 
nium, and to raise the prison population cap, upon second reading. 

Without objection. Senator Johnson of Wake requests to be excused from voting for 
the stated reason: "an employee of my firm has been employed to lobby these bills." 

Senator Parnell offers Amendment No. 1, held to be material, which is adopted 
(40-0), constituting the first reading of the measure. 

The Committee Substitute bill, as amended, is ordered placed on the Calendar for 
tomorrow, July 13, for further consideration, upon second reading. 

H.B. 2287 (Committee Substitute), a bill to authorize a bond referendum on the 
issuance of two hundred million dollars general obligation bonds of the State, to be 
voted on by the qualified voters of the State, to provide funds, with any other available 
funds, for State prison and youth services facilities, upon second reading. 

Without objection, on motion of Senator Parnell, the Committee Substitute bill is 
temporarily displaced. 

H.B. 2331, a bill to increase the annual fee paid by persons licensed to construct 
and persons who operate nuclear facilities to the Department of Environment, Health, 
and Natural Resources for planning and implementing emergency response activities, 
upon second reading. 

On motion of Senator Rauch, Committee Amendment No. 1 is adopted. 

Without objection, on motion of Senator Rauch the bill, as amended, is temporarily 
displaced. 

S.B. 928 (Committee Substitute), a bill to set the percentage rate of the regulatory 
fee to be paid by public utilities during the 1990-91 fiscal year at the rate that was in 
effect for the 1989-90 fiscal year. 

Without objection, on motion of Senator Rauch, the Committee Substitute bill is 
temporarily displaced. 



July 12, 1990 



210 SENATE JOURNAL [Second Session 

S.B. 1084 (Committee Substitute), a bill to conform the laws of North Carolina to 
the requirements of certain federal laws and constitutional principles. 

The Chair rules the bill requires a call of the roll. 

Without objection, on motion of Senator Rauch, the Committee Substitute bill is 
temporarily displaced. 

H,B« 2287 (Committee Substitute), a bill to authorize a bond referendum on the 
issuance of two hundred million dollars general obligation bonds of the State, to be 
voted on by the qualified voters of the State, to provide funds, with any other available 
funds, for State prison and youth services facilities, temporarily displaced earlier, 
upon second reading. 

Without objection, Senator Johnson of Wake requests to be excused from voting for 
the stated reason: "an employee of my firm has been employed to lobby these bills." 

Senator Parnell offers Amendment No. 1 which is adopted (39-0). 

The Committee Substitute bill, as amended, passes its second reading by roll-call 
vote, ayes 39, noes 1, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daughtry, Ezzell, Guy, Hardin, Harris, 
Hunt of Durham, Kaplan, Kincaid, Lee, Martin of Pitt, Marvin, Odom, Parnell, 
Plyler, Rauch, Raynor, Royall, Sands, Shaw, Sherron, Simpson, Smith, Speed, 
Swain, Taft, Tally, Walker, Wilson, and Winner— 39. 

Voting in the negative: Senator Richardson— 1. 

The Committee Substitute bill, as amended, is ordered placed on the Calendar for 
tomorrow, July 13, for further consideration, upon third reading. 



REPORTS OF COMMITTEES 

The following standing committee report is submitted out of the regular order of 
business, read by its title, together with the report accompanying it, and takes its place 
on the Calendar, as follows: 

By Senator Royall for the Appropriations Committee: 

S.B. 1427, a bill to make appropriations to provide capital improvements for State 
departments, institutions, and agencies, with an unfavorable report as to bill, but fa- 
vorable as to Committee Substitute bill. 

On motion of Senator Royall, the rules are suspended and the Committee Substitute 
bill which proposes to change the title to read, S.B. 1427 (Committee Substitute), a 
bill to make appropriations to provide capital improvements for State departments, 
institutions, and agencies and to make other changes in the budget operation of the 
State, is placed before the Senate for immediate consideration. 

Senator Winner rises to a point of order, pursuant to Rule 42.4 and Rule 57.2, as to 
the germaneness of the content relative to school boards in the proposed Committee 
Substitute bill. 

The Chair takes the point of order under advisement and places the proposed Com- 
mittee Substitute bill on the Calendar for tomorrow, July 13, for adoption. 



CALENDAR (Continued) 

S.B. 1393 (Committee Substitute), a bill to regulate motor vehicle subleasing and 
loan assumption arranging. 

On motion of Senator Wilson, the Committee Substitute bill is recommitted to the 
Judiciary II Committee. 



July 12, 1990 



1990] '^ SENATE JOURNAL 211 

' INTRODUCTION OF BILLS AND RESOLUTIONS 

Senator Taft offers a motion that Rule 40 be suspended to allow the introduction 
and referral to committee of the following bill, filed today pursuant to Resolution 62, 
which motion prevails by a two-thirds majority vote. 

By Senator Taft: 

S.B. 1620, a bill to provide the rules and procedure for municipal redistricting in 
1991. 
Referred to Election Laws Committee. 

' ' REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Sherron for the State Government Committee: 

H.B. 2263 (Committee Substitute), a bill to require reporting to the Department of 
Administration of participation by disadvantaged businesses in public procurement 
contracts and to require the Department to collect, compile, and report the data, and 
to clarify the public bidding law for single-prime and separate-prime competitive bids, 
with a favorable report, as amended. 

By Senator Plyler for the Ways and Means Committee: 

S.B. 1360 (Committee Substitute No. 2), a bill to reinstate sales tax on certain 
vehicles and vehicle parts, to modify the highway use tax and the alternate gross re- 
ceipts tax, to increase certain fees to offset the loss of revenue resulting from the modi- 
fications to the highway use tax, and to make technical changes in the laws affected by 
the Highway Trust Fund, with a favorable report. 

Without objection, Senator Plyler withdraws the Committee Report. 

CALENDAR (Continued) 

S.B. 1403 (Committee Substitute), a bill to provide that certain tourism develop- 
ment authorities may apply to receive refunds of sales taxes paid on purchases. 

The Committee Substitute bill passes its second (40-1) and third readings and is 
ordered, without objection, sent to the House of Representatives by special messenger. 

H.B. 285 (Senate Committee Substitute), a bill to make technical corrections to 
the Fire Sprinkler Contractor Licensing Act. 

The Senate Committee Substitute bill passes its second (38-0) and third readings 
and is ordered, without objection, sent to the House of Representatives, for concur- 
rence in the Senate Committee Substitute bill by special messenger. 

H.B. 685 (Senate Committee Substitute), a bill to change the name of the North 
Carolina Human Relations Council to the North Carolina Human Relations Commis- 
sion and to amend the Fair Housing Act to conform to federal requirements regarding 
fair housing laws and enforcement. 

The Senate Committee Substitute bill passes its second (40-0) and third readings 
and is ordered, without objection, sent to the House of Representatives, for concur- 
rence in the Senate Committee Substitute bill by special messenger. 

H.B. 1028 (Committee Substitute), a bill to revise the election of presidential elec- 
tors. 

On motion of Senator Taft, consideration of the Committee Substitute bill is post- 
poned until tomorrow, July 13. 



July 12, 1990 



212 SENATE JOURNAL [Second Session 

H.B. 1205 (Senate Committee Substitute), a bill to require the State Board of Cos- 
metic Art Examiners to issue a temporary employment permit to persons who have 
applied and are qualified to take the examination for apprentice cosmetologist, regis- 
tered cosmetologist, or registered manicurist. 

The Senate Committee Substitute bill passes its second (37-0) and third readings 
and is ordered, without objection, sent to the House of Representatives, for concur- 
rence in the Senate Committee Substitute bill by special messenger. 

H.B. 1297, a bill to provide for a procedure when the complete rezoning of a juris- 
diction involves "down zoning." 

On motion of Senator Sands, Committee Amendment No. 1 is adopted. 

Without objection, on motion of Senator Sands, the bill, as amended, is temporarily 
displaced. 

H.B. 2074 (Committee Substitute), a bill to increase the maximum bond that may 
be required of fuel distributors and suppliers. 

The Committee Substitute bill passes its second (41-0) and third readings and is 
ordered enrolled. 

H.B. 1297, a bill to provide for a procedure when the complete rezoning of a juris- 
diction involves "down zoning", as amended, temporarily displaced earlier. 

The bill, as amended, passes its second (38-1) and third readings and is ordered, 
without objection, sent to the House of Representatives, for concurrence in Senate 
Amendment No. 1 by special messenger. 

H.B. 2091, a bill to provide for an age seventy sportsman combination hunting- 
fishing license. 

The bill passes its second (39-0) and third readings and is ordered enrolled. 

H.B. 2092, a bill to provide for complimentary fishing licenses for residents of rest 
homes, as amended. 

The bill, as amended, passes its second (38-0) and third readings and is ordered, 
without objection, sent to the House of Representatives, for concurrence in Senate 
Amendment No. 1 by special messenger. 

H.B. 2288 (Committee Substitute), a bill to provide that both felons and mis- 
demeanants shall be eligible for intensive probation and parole. 

The Committee Substitute bill passes its second reading (39-1). 

Senator Sands objects to the third reading of the measure and the Committee Substi- 
tute bill is ordered placed on the Calendar for tomorrow, July 13, for further consid- 
eration, upon third reading. 

S.B. 928 (Committee Substitute), a bill to set the percentage rate of the regulatory 
fee to be paid by public utilities during the 1990-91 fiscal year at the rate that was in 
effect for the 1989-90 fiscal year, temporarily displaced earlier. 

The Committee Substitute bill passes its second (40-0) and third readings and is 
ordered, without objection, sent to the House of Representatives by special messenger. 



CONFERENCE REPORT WITHDRAWN 

H.B. 204 (Senate Committee Substitute), a bill to enhance and promote access to 
government proceedings in North Carolina. 

Senator Sands offers a motion to reconsider the vote by which the Conference Re- 
port was adopted on August 12, 1989, which motion prevails. With unanimous con- 
sent. Senator Sands withdraws the Conference Report. 

A message is ordered sent to the House of Representatives informing that Honorable 
Body of such action. 



July 12, 1990 



1990] .. SENATE JOURNAL 213 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Senator Soles offers a motion that Rule 40 be suspended to allow the introduction of 
the following joint resolution filed today pursuant to Resolution 61 which motion pre- 
vails by a two-thirds majority vote. 

By Senator Soles: 

S.J.R. 1621, a joint resolution honoring the life and memory of Samuel Benjamin 
Frink, former member of the General Assembly. 

On motion of Senator Soles, the rules are suspended, and the joint resolution is read 
a first time and, without objection, remains before the Senate for immediate consid- 
eration. 

On motion of Senator Soles, the joint resolution is temporarily displaced. 

WITHDRAWAL FROM COMMITTEE 

H.B. 2067 (Committee Substitute), a bill to update the reference to the Internal 
Revenue Code used to determine certain taxable income and tax exemptions. 

On motion of Senator Plyler, the rules are suspended, and the Committee Substitute 
bill is taken from the W^ays and Means Committee and is re-referred to the Fi- 
nance Committee. 

CALENDAR (Continued) 

H.B. 2401, a bill to repeal the sunset on the limitation on insurance required on 
waterslides. 

The bill passes its second (38-1) and third readings and is ordered enrolled. 

S.B. 455 (Committee Substitute), a bill to provide early intervention, developmen- 
tal services, and education to handicapped children from birth to five years of age, 
upon third reading. 

Senator Simpson offers Amendment No. 3 which is adopted (40-0). 

The Committee Substitute bill, as amended, passes its third reading (42-0) and is 
ordered, without objection, engrossed and sent to the House of Representatives by 
special messenger. 

S.B. 1388 (Committee Substitute), a bill to provide for annual budgets, streamline 
the legislative process, and study a restructuring of the budget process so as to assure 
more stable budgeting, by providing for use of the prior calendar year's collections as 
the revenue estimates, rescheduling the primary and other election-law dates, limiting 
use of reversions to one-time expenditures. 

Committee Amendment No. 1. is placed before the Senate for adoption. 

Without objection, on motion of Senator Royall, the Committee Substitute bill is 
temporarily displaced, with Committee Amendment No. 1 pending. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.J.R. 2408, a joint resolution honoring the life and memory of William T. 
"Billy" Watkins. 

On motion of Senator Royall, the rules are suspended, without objection, and the 
joint resolution is placed before the Senate for immediate consideration. 

The Chair directs the Reading Clerk to read the joint resolution in its entirety and 
extends courtesies of the gallery to the families and friends of former Representative 
Watkins. 



July 12, 1990 



214 SENATE JOURNAL [Second Session 

The joint resolution passes its second (39-0) and third readings and is ordered en- 
rolled. 



CALENDAR (Continued) 

S.B. 1388 (Committee Substitute), a bill to provide for annual budgets, streamline 
the legislative process, and study a restructuring of the budget process so as to assure 
more stable budgeting, by providing for use of the prior calendar year's collections as 
the revenue estimates, rescheduling the primary and other election-law dates, limiting 
use of reversions to one-time expenditures, temporarily displaced earlier, with Com- 
mittee Amendment No. 1 pending. 

Committee Amendment No. 1 is adopted. 

Senator Tally offers Amendment No. 2 proposing to change the title to read, S.B. 
1388, a bill to authorize the Legislative Research Commission to study budget restruc- 
turing and other issues related to revenue collection. 

The Lieutenant Governor relinquishes the gavel to Senator Barnes, President Pro 
Tempore, who presides in his absence. 

Senator Tally calls the previous question, seconded by Senator Harris. The call is 
sustained. 

Senator Barker rises to a point of order as to the study being directed to a proposed 
Commission not properly before the Senate. The Chair fails to sustain the point of 
order. Amendment No. 2, offered by Senator Tally, fails of adoption (16-27). 

Senator Winner offers Amendment No. 3. 

The President Pro Tempore relinquishes the gavel to the President of the Senate, 
who presides. 

Amendment No. 3 is adopted (41-2). 

Senator Barker offers Amendment No. 4 which fails of adoption (7-37). 

Senator Barker offers Amendment No. 5. Senator Basnight offers a motion that 
Amendment No. 5 do lie upon the table, seconded by Senator Parnell, which motion 
prevails (28-14). Amendment No. 5 lies upon the table. 

Senator Winner offers Amendment No. 6 which is adopted (42-1). 

Without objection, on motion of Senator Goldston, the Committee Substitute bill, as 
amended, is temporarily displaced. ~ v 

S.J.R. 1621, a joint resolution honoring the life and memory of Samuel Benjamin 
Frink, former member of the General Assembly, temporarily displaced earlier. 

The Chair directs the Reading Clerk to read the joint resolution in its entirety and 
extends courtesies of the gallery to the family and friends of former Senator Frink. 

The joint resolution passes its second (37-0) and third readings and is ordered, 
without objection, sent to the House of Representatives by special messenger. 

S.B. 1388 (Committee Substitute), a bill to provide for annual budgets, streamline 
the legislative process, and study a restructuring of the budget process so as to assure 
more stable budgeting, by providing for use of the prior calendar year's collections as 
the revenue estimates, rescheduling the primary and other election-law dates, limiting 
use of reversions to one-time expenditures, as amended, temporarily displaced earlier. 

Senator Goldston offers Amendment No. 7 which is adopted (36-1). 

Senator Goldston calls the previous question on the passage of the measure, sec- 
onded by Senator Barnes. The call is sustained (29-8). 

The Committee Substitute bill, as amended, passes its second reading (28-10). 

Senator Sands objects to the third reading of the measure. 

Senator Goldston offers a motion to suspend the rules to allow the third reading 
today of the Committee Substitute bill, as amended, which motion fails to prevail 
(18-20). 



July 12, 1990 



1990] SENATE JOURNAL 215 

The Committee Substitute bill, as amended, is ordered placed on the Calendar for 
tomorrow, July 13, for further consideration, upon third reading. 

H.B. 2245 (Committee Substitute), a bill to authorize the issuance of not in excess 
of seventy-five million dollars bonds of the State to provide funds, with any other 
available funds, for State prison facilities, such authorized bonds to be issued without 
an election during the biennium ended June 30, 1991, in an amount not in excess of 
such authorized amount and not in excess of two-thirds of the amount by which the 
State's outstanding indebtedness shall have been reduced during the 1987-89 bien- 
nium, and to raise the prison population cap, Calendared for July 13, as amended, 
upon second reading. 

The Chair orders the Committee Substitute bill, as amended, withdrawn from the 
Calendar of July 13 and, without objection, places the measure before the Senate for 
consideration. 

The Chair reverses his earlier ruling and holds Amendment No. 1 not to be mate- 
rial. The Committee Substitute bill, as amended, remains before the Senate for fur- 
ther consideration, upon second reading. 

The Committee Substitute bill, as amended, passes its second reading by roll-call 
vote, ayes 39, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daughtry, Ezzell, Goldston, Guy, Har- 
din, Harris, Hunt of Durham, Kaplan, Kincaid, Lee, Martin of Pitt, Marvin, Mur- 
phy, Odom, Parnell, Plyler, Rauch, Raynor, Roy all, Sands, Shaw, Sherron, 
Simpson, Smith, Taft, Tally, Walker, Wilson, and Winner— 39. 

Voting in the negative: None. 

The Committee Substitute bill, as amended, is ordered placed on the Calendar for 
tomorrow, July 13, for further consideration, upon third reading. 

S.B. 1084 (Committee Substitute), a bill to conform the laws of North Carolina to 
the requirements of certain federal laws and constitutional principles, temporarily dis- 
placed earlier, upon second reading. 

Senator Bryan offers Amendment No. 1 which fails of adoption (14-26). 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 24, 
noes 16, as follows: 

Voting in the affirmative: Senators Barker, Barnes, Block, Cochrane, Conder, 
Daughtry, Ezzell, Goldston, Guy, Hardin, Harris, Johnson of Wake, Lee, Martin of 
Pitt, Marvin, Rauch, Royall, Sands, Simpson, Soles, Swain, Tally, Walker, and 
Winner— 24. 

Voting in the negative: Senators Allran, Basnight, Bryan, Carpenter, Chalk, 
Daniel, Kaplan, Kincaid, Odom, Parnell, Plyler, Raynor, Shaw, Sherron, Smith, and 
Wilson— 16. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, July 
13, for further consideration, upon third reading. 

H.B. 2331, a bill to increase the annual fee paid by persons licensed to construct 
and persons who operate nuclear facilities to the Department of Environment, Health, 
and Natural Resources for planning and implementing emergency response activities, 
as amended, temporarily displaced earlier, upon second reading. 

The bill, as amended, passes its second reading by roll-call vote, ayes 35, noes 0, 
as follows: 

Voting in the affirmative: Senators Allran, Barnes, Block, Bryan, Carpenter, 
Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, Hardin, Harris, 
Johnson of Wake, Kaplan, Lee, Marvin, Murphy, Odom, Plyler, Rauch, Raynor, 
Richardson, Royall, Sands, Shaw, Sherron, Smith, Soles, Swain, Tally, Walker, 
Wilson, and Winner — 35. 

Voting in the negative: None. 



July 12, 1990 



216 SENATE JOURNAL [Second Session 

The bill, as amended, is ordered placed on the Calendar for tomorrow, July 13, for 
further consideration, upon third reading. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

Senator Sherron offers a motion that Rule 40 be suspended to allow the introduction 
of the following bill filed today pursuant to Resolution 63 which motion prevails by a 
two-thirds majority vote. 

By Senator Sherron: 

S.B. 1622, a bill to provide that the probationary time between an interlocutory 
decree and final adoption order may be the same for private adoptions as those ar- 
ranged by Social Services or a licensed child-placing agency. 

The bill is read a first time and on motion of Senator Sherron, the bill is placed on 
the Calendar for tomorrow, July 13, for consideration. 



REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Rauch for the Finance Committee: 

S.B. 1612, a bill to provide for the Hcensure of crematory operators and to establish 
the Crematory Authority within the Board of Mortuary Science, with a favorable re- 
port. 

H.B. 2258 (Committee Substitute), a bill to levy a one-time assessment on insurers 
that support the Mutual Workers' Compensation Security Fund, with a favorable re- 
port. 

On motion of Senator Rauch, the Committee Substitute bill is re-referred to the 
Insurance Committee. 

H.B. 2276, a bill to allow the Board of Commissioners of Macon County to call an 
election within fire districts created under a local act to give voters the choice either to 
impose a minimum fee under that local act or to convert the district to a rural fire 
protection district, with a favorable report. 

S.B. 1589, a bill to amend the Commercial Driver's License Act, with an unfavor- 
able report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Rauch, the rules are suspended and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
the Committee Substitute bill is adopted. 

On motion of Senator Rauch, the Committee Substitute bill is placed on the Calen- 
dar for tomorrow, July 13, for further consideration. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. J.R. 2395, a joint resolution honoring the life and memory of Samuel Benjamin 
Prink, former member of the General Assembly. 

Referred to Rules and Operation of the Senate Committee. 

July 12, 1990 



1990] ^ ^^ ^ SENATE JOURNAL 217 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 1241 House of Representatives 

July 12, 1990 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the Speaker has dismissed the Conferees on HB. No. 1241 "A BILL TO BE ENTI- 
TLED AN ACT TO CLARIFY THE STATUS OF A MILITARY DEPENDENT 
ELIGIBLE FOR IN-STATE TUITION AT THE UNIVERSITY OF NORTH CARO- 
LINA", and the vote by which the House failed to concur in the Senate Amendment 
has been reconsidered and the House now concurs in the Senate Amendment and the 
bill has been ordered enrolled. 

Respectfully, 
S/Grace A. Collins 
- V Principal Clerk 

Without objection, on motion of Senator Barnes, the Senate stands in recess for the 
purpose of committee meetings from 5:00 P.M. until 5:20 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Henson 
P. Barnes, President Pro Tempore, who presides in the absence of the President of the 
Senate. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.B. 465 House of Representatives 

(House Committee Substitute) July 12, 1990 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House has adopted the report of the Conferees on House Committee Substitute 
S.B. No. 465, A BILL TO BE ENTITLED AN ACT TO CLARIFY THE MOTOR 
VEHICLE SALVAGE TITLE LAW AND TO REQUIRE CERTAIN DAMAGE DIS- 
CLOSURES, to the end that when a similar action has been taken on the part of the 
Senate, you may order the bill enrolled. 

'- Respectfully, 

. S/Grace A. Collins 

Principal Clerk 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

S.B. 1478 (Committee Substitute), a bill to incorporate the Town of Greenlevel in 
Alamance County, for concurrence in House Amendment No. 1, which is placed on 
the Calendar for tomorrow, July 13. 



July 12, 1990 



248 SENATE JOURNAL [Second Session 

H.B. 2235, a bill to permit Nash County to appropriate additional funds for indus- 
trial development. 

Referred to Appropriations Committee. 

H.B. 2353 (Committee Substitute No. 2), a bill to establish fees for processing 
applications for permits and to improve permit processing and compliance under the 
Coastal Area Management Act. 

Referred to Finance Committee. 

H.B. 2394 (Committee Substitute), a bill to provide for the filing of notices of 
liens, certificates, and other notices affecting various federal liens in the same manner 
as notices of federal tax liens. 

Referred to Judiciary H Committee. 

S.B. 1586 (House Committee Substitute), a bill to accelerate the payment of sales 
taxes and gross receipts taxes by utilities and to accelerate the payment of withheld 
individual income taxes by employers, for concurrence in the House Committee Sub- 
stitute bill, which is placed on the Calendar for tomorrow, July 13. 

H.B. 2138 (Committee Substitute), a bill to provide transitional adjustments relat- 
ing to Subchapter S Corporations, to correct an error that inadvertently disallowed 
deductions for some mortgage interest payments, to provide additional tax relief for 
taxpayers with dependents who are permanently and totally disabled, to allow a tax 
credit for State income taxes paid on Government Retirement Benefits received in 
1988, to provide that an extension of time for filing an income or franchise tax return 
is not an extension of time for paying the tax, and to reduce the threshold for pay- 
ments of estimated corporate income tax. 

Referred to Finance Committee. 

H.B. 2136 (Committee Substitute), a bill to allow Durham County to create a spe- 
cial projects district as a separate political subdivision within the county for the pur- 
pose of funding joint projects undertaken through interlocal cooperation agreements 
between the County of Durham, the City of Durham, and the Town of Chapel Hill to 
ensure proportional equality of city and county taxpayer participation and to allow an 
extension of time for Durham County Hospital Corporation to file an application for a 
sales and use tax refund. 

Referred to Finance Committee. ; ?i v : 



REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Plyler for the Ways and Means Committee: 

S.B. 1360 (Committee Substitute No. 2), a bill to reinstate sales tax on certain 
vehicles and vehicle parts, to modify the highway use tax and the alternate gross re- 
ceipts tax, to increase certain fees to offset the loss of revenue resulting from the modi- 
fications to the highway use tax, and to make technical changes in the laws affected by 
the Highway Trust Fund, with an unfavorable report as to Committee Substitute bill 
No. 2, but favorable as to Committee Substitute bill No. 3. 

On motion of Senator Plyler, the rules are suspended, and the Committee Substitute 
bill No. 3 is placed before the Senate for immediate consideration and on his further 
motion the Committee Substitute bill No. 3 is adopted. 

On motion of Senator Winner, the Committee Substitute bill No. 3 is placed on the 
Calendar for Monday, July 16, for further consideration. 



July 12, 1990 



1990] SENATE JOURNAL 219 

By Senator Taft for the Election Laws Committee: 

S.B. 1620, a bill to provide the rules and procedure for municipal redistricting in 
1991, with a favorable report. 

On motion of Senator Taft, the rules are suspended, and the bill is placed before the 
Senate for immediate consideration. 

Senator Taft offers Amendment No. 1 which is adopted (31-0). 

The bill, as amended, passes its second (31-0) and third readings and is ordered, 
without objection, engrossed and sent to the House of Representatives by special mes- 
senger. 

On motion of Senator Royall, seconded by Senator Kaplan, the Senate adjourns at 
5:50 P.M. to meet tomorrow, July 13, at 9:30 A.M. 



ONE HUNDRED SIXTY-SECOND DAY 

J Senate Chamber, 

Friday, July 13, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Father, Many times we see a particular task on the horizon and we admit that the 
sheer size and complexity of the task is intimidating. 

"Yet the closer we get to the task at hand, we realize that we have been looking at 
the shadow of this giant, which often looms bigger that the giant itself. 

"Help us to see the task before us for what it really is. Large and difficult, yes, but 
certainly not beyond our abilities. Thank You that through faith in You and in our 
fellow men and women, we can conquer any giant, move any mountain. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of Thursday, 
July 12, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for today to Senator Cochrane, Senator Mar- 
tin of Guilford, Senator Staton, and Senator Johnson of Cabarrus. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 132, an act to remove the statutory requirement that the President Pro Tem- 
pore serve on the Senate Committee on Pensions and Retirement. (Ch. 899) 

S.B. 382, an act to expand the list of offices and departments receiving summer 
interns allocated by the North Carolina Internship Council of the Department of Ad- 
ministration. (Ch. 900) 

S.B. 1487 (Committee Substitute), an act to provide a third option for distribution 
of local sales tax revenue within Pender County. (Ch. 901) 



July 13, 1990 



220 SENATE JOURNAL [Second Session 

S.B. 1512, an act to allow the Town of St. Pauls to make the Town Administrator 
the head of all town departments. (Ch. 902) 

S.B. 1520, an act regarding when the Nash County Board of Education can pay its 
employees. (Ch. 903) 

S.B. 1521 (Committee Substitute), an act to exempt the Town of Bailey from cer- 
tain zoning notice requirements. (Ch. 904) 

S.B. 1522, an act to authorize Alleghany, Caswell, Richmond, and Watauga 
Counties to collect certain fees in the same manner as ad valorem taxes. (Ch. 905) 

S.B. 1536 (Committee Substitute), an act to establish fees for processing erosion 
control plan approvals under the Sedimentation Pollution Control Act. (Ch. 906) 

H.B. 1241, an act to clarify the admissions status of persons eligible for in-state 
tuition at the University of North Carolina. (Ch. 907) 

H.B. 2074 (Committee Substitute), an act to increase the maximum bond that may 
be required of fuel distributors and suppliers. (Ch. 908) 

H.B. 2091, an act to provide for an age seventy sportsman combination hunting- 
fishing license. (Ch. 909) 

H.B. 2099, an act to amend Chapter 1073 of the 1959 Session Laws to provide that 
the sheriff issue Pender County weapon permits. (Ch. 910) 

H.B. 2112, an act to allow Pender County to name and assign street numbers to 
private roads in unincorporated areas. (Ch. 911) 

H.B. 2152, an act to authorize the City of Greenville to increase the number of 
Parking Authority Commissioners. (Ch. 912) 

H.B. 2247, an act allowing the City of Lumberton and the County of Macon in 
arriving at the amount of consideration for an economic development conveyance to 
take into consideration prospective revenues generated by the development. (Ch. 913) 

H.B. 2401, an act to repeal the sunset on the limitation on insurance required on 
waterslides. (Ch. 914) 

S.J.R. 1430, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to provide that no insurance points and no 
surcharges may be assessed for certain speeding offenses over sixty-five miles per 
hour. (Res. 65) 

S.J.R. 1619, a joint resolution honoring the life and memory of Fred Moore Mills, 
Jr. (Res. 66) 

H.J.R. 2408, a joint resolution honoring the life and memory of William T. 
"Billy" Watkins. (Res. 67) 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 



July 13, 1990 



1990] SENATE JOURNAL 221 

By Senator Harris for the Human Resources Committee: 

H.B. 2350, a bill to conform the Social Service Statutes with the Federal Job Op- 
portunities and Basic Skills Training Program and to preserve State funds, with a fa- 
vorable report. 

CONFERENCE REPORT 
S.B. 465 (House Committee Substitute) 

Senator Goldston for the Conferees appointed to consider the differences arising be- 
tween the Senate and the House of Representatives on S.B. 465 (House Committee 
Substitute) , a bill to clarify the Motor Vehicle Salvage Title Law and to require certain 
damage disclosures, submits the following Report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on House Committee Substitute (Fourth Edition En- 
grossed), A BILL TO BE ENTITLED AN ACT TO CLARIFY THE MOTOR VEHI- 
CLE SALVAGE TITLE LAW AND TO REQUIRE CERTAIN DAMAGE DISCLO- 
SURES, wish to report as follows: 

The Senate concurs in the House Committee Substitute (Fourth Edition Engrossed) 
with the following amendments: 

(1) on page 2, line 14 delete " seven " and insert " five ": 

(2) and on page 2, line 17, delete "60 days after ratification" and insert "October 1, 
1990". 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the day of 

S/William D. Goldston, Jr. S/John H. Wealherly 

S/Paul S. Smith S/Roy A. Cooper, III 

S/Aaron W. Plyler, Sr. S/Joe Hackney 

Conferees on the part Conferees on the part of the 

of the Senate House of Representatives 

On motion of Senator Goldston, the Conference Report is adopted (36-0), and the 
House Committee Substitute bill is ordered enrolled. A message is ordered sent to the 
House of Representatives informing that Honorable Body of such action. 

WITHDRAWAL FROM COMMITTEE 

H.B. 2258 (Committee Substitute), a bill to levy a one-time assessment on insurers 
that support the Mutual Workers' Compensation Security Fund. 

On motion of Senator Parnell, the rules are suspended and the Committee Substitute 
bill is taken from the Insurance Committee and is placed on the Calendar for 
Monday, July 16, for consideration. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives, transmitting the 
following bill, which is read the first time and disposed of as follows: 



July 13, 1990 



222 SENATE JOURNAL [Second Session 

H.B. 2073, a bill to allow a sales tax exemption for fuel used by a small power 
producer to generate electricity. 

Referred to Finance Committee. 



WITHDRAWAL FROM COMMITTEE 

H.B. 2398 (Committee Substitute), a bill to provide for the licensure of crematory 
operators and to establish the crematory authority within the Board of Mortuary Sci- 
ence. 

On motion of Senator Harris, the rules are suspended and the Committee Substitute 
bill is taken from the Finance Committee and is placed on the Calendar for Mon- 
day, July 16, for consideration. 



■ J ' ■ .'„ ; CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 1427 (Proposed Committee Substitute PCS 4733), a bill to make appropria- 
tions to provide capital improvements for State departments, institutions, and agencies 
and to make other changes in the budget operation of the State, for adoption with a 
point of order as to germaneness under advisement. 

The Chair fails to sustain the point of order and the question becomes the adoption 
of the Committee Substitute bill. 

On motion of Senator Royall, the Committee Substitute bill is adopted. 

On motion of Senator Royall, Legislative Fiscal Research staff members are granted 
courtesies of the floor for the purpose of assisting in the explanation of the measure 
with the attachment. (Pursuant to G.S. 143-15, the text of the attachment presented 
to the Senate appears in the Addendum.) 

Senator Royall offers Amendment No. 1 which is adopted (36-0). 

Senator Royall offers Amendment No. 2 which is adopted (37-0). 

The Committee Substitute bill, as amended, passes its second reading (37-0) and, 
without objection, remains before the Senate for further consideration, upon third 
reading. 

Senator Odom offers Amendment No. 3. Senator Royall, seconded by Senator 
Harris, calls the previous question. The call is sustained (37-2). Amendment No. 3 
fails of adoption (16-24). 

The Committee Substitute bill, as amended, passes its third reading (41-0) and is 
ordered, without objection, engrossed and sent to the House of Representative by spe- 
cial messenger. 

S.B. 1448, a bill to allow Cherokee County to establish a county recreation and 
security service district, and levy a tax in that district for services of the district, sub- 
ject to a referendum, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 37, noes 0, as follows: 

Voting in the affirmative: Senators Ballance, Barnes, Basnight, Block, Bryan, 
Carpenter, Chalk, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, Hunt of Dur- 
ham, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Marvin, Murphy, 
Odom, Parnell, Plyler, Rauch, Raynor, Royall, Sands, Sherron, Simpson, Smith, 
Speed, Taft, Tally, Walker, Wilson, and Winner— 37. 

Voting in the negative: None. 

The bill is ordered, without objection, sent to the House of Representatives by spe- 
cial messenger. 

H.B. 899 (Committee Substitute), a bill to allov/ Randolph County to create rural 
fire protection districts contiguous with the boundaries of existing county fire service 



July 13, 1990 



1990] SENATE JOURNAL 223 

districts, and to annex territory to rural fire protection districts, as amended, upon 
third reading. 

The Committee Substitute bill, as amended, passes its third reading by roll-call 
vote, ayes 37, noes 0, as follows: 

Voting in the affirmative: Senators Ballance, Barnes, Basnight, Block, Bryan, 
Carpenter, Chalk, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, Hunt of Dur- 
ham, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Marvin, Murphy, 
Odom, Parnell, Plyler, Ranch, Raynor, Royall, Sands, Sherron, Simpson, Smith, 
Speed, Taft, Tally, Walker, Wilson, and Winner— 37. 

Voting in the negative: None. 

The Committee Substitute bill, as amended, is ordered sent to the House of repre- 
sentatives, for concurrence in Senate Amendment No. 1, without objection, by special 
messenger. 

H.B. 2084, a bill to authorize the Village of Bald Head Island to contract for water 
supply and pressure for fire protection purposes without complying with the bid statutes 
and to impose special assessments, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 37, noes 0, as follows: 

Voting in the affirmative: Senators Ballance, Barnes, Basnight, Block, Bryan, 
Carpenter, Chalk, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, Hunt of Dur- 
ham, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Marvin, Murphy, 
Odom, Parnell, Plyler, Ranch, Raynor, Royall, Sands, Sherron, Simpson, Smith, 
Speed, Taft, Tally, Walker, Wilson, and Winner— 37. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2094, a bill to confirm the corporate limits of the City of Bakersville, as 
amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 37, noes 0, as 
follows: 

Voting in the affirmative: Senators Ballance, Barnes, Basnight, Block, Bryan, 
Carpenter, Chalk, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, Hunt of Dur- 
ham, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Marvin, Murphy, 
Odom, Parnell, Plyler, Ranch, Raynor, Royall, Sands, Sherron, Simpson, Smith, 
Speed, Taft, Tally, Walker, Wilson, and Winner— 37. 

Voting in the negative: None. 

The bill, as amended, is ordered sent to the House of Representatives, for concur- 
rence in Senate Amendment No. 1, without objection, by special messenger. 

H.B. 2101, a bill to annex certain described territory to the Town of Trent Woods, 
and providing that the general law on compensation of municipal officers shall apply, 
as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 37, noes 0, as 
follows: 

Voting in the affirmative: Senators Ballance, Barnes, Basnight, Block, Bryan, 
Carpenter, Chalk, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, Hunt of Dur- 
ham, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Marvin, Murphy, 
Odom, Parnell, Plyler, Ranch, Raynor, Royall, Sands, Sherron, Simpson, Smith, 
Speed, Taft, Tally, Walker, Wilson, and Winner— 37. 

Voting in the negative: None. 

The bill, as amended, is ordered sent to the House of Representatives, for concur- 
rence in Senate Amendment No. 1, without objection, by special messenger. 

H.B. 2119, a bill to authorize Davie County to levy a room occupancy and tourism 

development tax, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 37, noes 0, as follows: 
Voting in the affirmative: Senators Ballance, Barnes, Basnight, Block, Bryan, 

Carpenter, Chalk, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, Hunt of 



July 13, 1990 



224 SENATE JOURNAL [Second Session 

Durham, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Marvin, Murphy, 
Odom, Parnell, Plyler, Rauch, Raynor, Royall, Sands, Sherron, Simpson, Smith, 
Speed, Taft, Tally, Walker, Wilson, and Winner— 37. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2193, a bill to allow the Harnett County Board of Commissioners, after pub- 
lic hearing, to extend the boundaries of any voted fire protection district out to five 
road miles, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 37, noes 0, as follows: 

Voting in the affirmative: Senators Ballance, Barnes, Basnight, Block, Bryan, 
Carpenter, Chalk, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, Hunt of Dur- 
ham, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Marvin, Murphy, 
Odom, Parnell, Plyler, Rauch, Raynor, Royall, Sands, Sherron, Simpson, Smith, 
Speed, Taft, Tally, Walker, Wilson, and Winner— 37. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2197 (Senate Committee Substitute), a bill to repeal an annexation of the 
Town of Leland, upon third reading. 

The Senate Committee Substitute bill passes its third reading by roll-call vote, ayes 
37, noes 0, as follows: 

Voting in the affirmative: Senators Ballance, Barnes, Basnight, Block, Bryan, 
Carpenter, Chalk, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, Hunt of Dur- 
ham, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Marvin, Murphy, 
Odom, Parnell, Plyler, Rauch, Raynor, Royall, Sands, Sherron, Simpson, Smith, 
Speed, Taft, Tally, Walker, Wilson, and Winner— 37. 

Voting in the negative: None. 

The measure is ordered sent to the House of Representatives, for concurrence in the 
Senate Committee Substitute bill, without objection, by special messenger. 

H.B. 2268, a bill to remove a described area from the corporate limits of the Town 
of Elm City, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 37, noes 0, as follows: 

Voting in the affirmative: Senators Ballance, Barnes, Basnight, Block, Bryan, 
Carpenter, Chalk, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, Hunt of Dur- 
ham, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Marvin, Murphy, 
Odom, Parnell, Plyler, Rauch, Raynor, Royall, Sands, Sherron, Simpson, Smith, 
Speed, Taft, Tally, Walker, Wilson, and Winner— 37. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2262, a bill to allow the Town of Richfield to be included within a rural fire 
protection district, upon third reading. 

Without objection, the bill is taken from its regular order of business, and on motion 
of Senator Conder, consideration of the bill is postponed until Monday, July 16. 

H.B. 2276, a bill to allow the Board of Commissioners of Macon County to call an 
election within fire districts created under a local act to give voters the choice either to 
impose a minimum fee under that local act or to convert the district to a rural fire 
protection district, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 37, noes 0, as follows: 
Voting in the affirmative: Senators Ballance, Barnes, Basnight, Block, Bryan, 
Carpenter, Chalk, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, Hunt of Dur- 
ham, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Marvin, Murphy, 
Odom, Parnell, Plyler, Rauch, Raynor, Royall, Sands, Sherron, Simpson, Smith, 
Speed, Taft, Tally, Walker, Wilson, and Winner— 37. 



July 13, 1990 



1990] SENATE JOURNAL 225 

Voting in the negative: None. 

The bill remains on the Calendar for Monday July 16, for further consideration, 
upon third reading. 

H.B. 2041, a bill to amend the law regarding the Gary Local Supplemental Retire- 
ment Benefit Fund. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2168 (Committee Substitute), a bill to regulate the use to which the excess 
proceeds of the Windsor Firemen's Local ReHef Fund may be put. 

The Committee Substitute bill passes its second and third readings and is ordered 
enrolled. 

H.B. 2189, a bill to increase the amount that can be received in benefits from the 
Lexington Firemen's Supplemental Retirement Fund. 

The bill passes its second and third readings and is ordered enrolled. 

S.B. 1478 (Committee Substitute), a bill to incorporate the Town of Greenlevel in 
Alamance County, for concurrence in House Amendment No. 1, upon second read- 
ing. 

The Senate concurs in House Amendment No. 1 on its second reading by roll-call 
vote, ayes 34, noes 0, as follows: 

Voting in the affirmative: Senators Ballance, Barnes, Basnight, Block, Bryan, 
Carpenter, Chalk, Conder, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, Hunt 
of Durham, Johnson of Wake, Kaplan, Kincaid, Lee, Martin of Pitt, Parnell, Plyler, 
Rauch, Raynor, Royall, Sands, Sherron, Smith, Speed, Taft, Tally, Walker, Wilson, 
and Winner — 34. 

Voting in the negative: None. 

The Committee Substitute bill remains on the Calendar for Monday, July 16, for 
concurrence in House Amendment No. 1, upon third reading. 

S.B. 1421 (House Committee Substitute), a bill to amend the law relating to the 
Raleigh Firemen's Supplemental Retirement Fund, for concurrence in the House 
Committee Substitute bill. 

The Senate concurs in the measure (36-0) and the House Committee Substitute bill 
is ordered enrolled. 

S.B. 1463 (House Committee Substitute), a bill to amend the law relating to the 
Firemen's Pension and Disability Fund in the City of High Point, for concurrence in 
the House Committee Substitute bill. 

The Senate concurs in the measure (36-0) and the House Committee Substitute bill 
is ordered enrolled. 

S.B. 1084 (Committee Substitute), a bill to conform the laws of North Carolina to 
the requirements of certain federal laws and constitutional principles, upon third read- 
ing. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 19, 
noes 16, as follows: 

Voting in the affirmative: Senators Barnes, Carpenter, Chalk, Conder, Daniel, 
Goldston, Hardin, Harris, Hunt of Durham, Johnson of Wake, Kaplan, Lee, Mar- 
vin, Rauch, Royall, Speed, Taft, Walker, and Winner— 19. 

Voting in the negative: Senators Ballance, Basnight, Block, Bryan, Daughtry, 
Guy, Kincaid, Murphy, Parnell, Plyler, Raynor, Sherron, Simpson, Smith, Tally, 
and Wilson — 16. 

The Committee Substitute bill is ordered, without objection, sent to the House of 
Representatives by special messenger. 

H.B. 929, a bill to authorize counties to make special assessments for street lights 
in residential subdivisions, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 34, noes 0, as follows: 



July 13, 1990 



226 SENATE JOURNAL [Second Session 

Voting in the affirmative: Senators Ballance, Barnes, Basnight, Block, Bryan, 
Carpenter, Chalk, Daniel, Daughtry, Goldston, Guy, Hardin, Harris, Hunt of Dur- 
ham, Johnson of Wake, Kaplan, Kincaid, Lee, Marvin, Murphy, Parnell, Plyler, 
Rauch, Raynor, Royall, Sands, Sherron, Simpson, Smith, Speed, Tally, Walker, 
Wilson, and Winner — 34. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2227 (Senate Committee Substitute), a bill to provide for acquisition of right- 
of-way by the Department of Transportation for location and relocation of utility in- 
frastructure and to clarify the regulatory authority of the Utilities Commission with 
regard to natural gas, upon third reading. 

The Senate Committee Substitute bill passes its third reading by roll-call vote, ayes 
34, noes 0, as follows: 

Voting in the affirmative: Senators Ballance, Barnes, Basnight, Block, Bryan, 
Carpenter, Chalk, Daniel, Daughtry, Goldston, Guy, Hardin, Harris, Hunt of Dur- 
ham, Johnson of Wake, Kaplan, Kincaid, Lee, Marvin, Murphy, Parnell, Plyler, 
Rauch, Raynor, Royall, Sands, Sherron, Simpson, Smith, Speed, Tally, Walker, 
Wilson, and Winner — 34. 

Voting in the negative: None. 

The measure is ordered sent to the House of Representatives, for concurrence in the 
Senate Committee Substitute bill, without objection, by special messenger. 

H.B. 2245 (Committee Substitute), a bill to authorize the issuance of not in excess 
of seventy-five million dollars bonds of the State to provide funds, with any other 
available funds, for State prison facilities, such authorized bonds to be issued without 
an election during the biennium ended June 30, 1991, in an amount not in excess of 
such authorized amount and not in excess of two-thirds of the amount by which the 
State's outstanding indebtedness shall have been reduced during the 1987-89 bien- 
nium, and to raise the prison population cap, as amended, upon third reading. 

Without objection. Senator Johnson of Wake is excused from voting for the stated 
reason: "An employee of my law firm has been employed to lobby this bill. Therefore 
a conflict." 

The Committee Substitute bill, as amended, passes its third reading by roll-call 
vote, ayes 33, noes 1, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Block, Bryan, Carpenter, 
Chalk, Daniel, Daughtry, Goldston, Guy, Hardin, Harris, Hunt of Durham, Kaplan, 
Kincaid, Lee, Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, Royall, Sands, 
Sherron, Simpson, Smith, Speed, Taft, Tally, Walker, Wilson, and Winner— 33. 

Voting in the negative: Senator Ballance— 1. 

The Committee Substitute bill, as amended, is ordered sent to the House of Repre- 
sentatives, for concurrence in Senate Amendment No. 1, without objection, by special 
messenger. 

H.B. 2287 (Committee Substitute), a bill to authorize a bond referendum on the 
issuance of two hundred million dollars general obligation bonds of the State, to be 
voted on by the qualified voters of the State, to provide funds, with any other available 
funds, for State prison and youth services facilities, as amended, upon third reading. 

Without objection Senator Johnson of Wake is excused from voting for the stated 
reason: "An employee of my law firm has been employed to lobby this bill. Therefore 
a conflict." 

The Committee Substitute bill, as amended, passes its third reading by roll-call 
vote, ayes 33, noes 1, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Block, Bryan, Carpenter, 
Chalk, Daniel, Daughtry, Goldston, Guy, Hardin, Harris, Hunt of Durham, Kaplan, 
Kincaid, Lee, Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, Royall, Sands, 
Sherron, Simpson, Smith, Speed, Taft, Tally, Walker, Wilson, and Winner — 33. 



July 13, 1990 



1990] SENATE JOURNAL 227 

Voting in the negative: Senator Ballance— 1. 

The Committee Substitute bill, as amended, is ordered sent to the House of Repre- 
sentatives, for concurrence in Senate Amendment No. 1, without objection, by spe- 
cial messenger. 

H.B. 2331, a bill to increase the annual fee paid by persons licensed to construct 
and persons who operate nuclear facilities to the Department of Environment, Health, 
and Natural Resources for planning and implementing emergency response activities, 
as amended, upon third reading. 

Senator Rauch offers Amendment No. 2 which is adopted (34-0). 

The bill, as amended, passes its third reading by roll-call vote, ayes 33, noes 0, as 
follows : 

Voting in the affirmative: Senators Ballance, Barnes, Basnight, Block, Bryan, 
Carpenter, Chalk, Daniel, Daughtry, Goldston, Guy, Hardin, Harris, Hunt of Dur- 
ham, Johnson of Wake, Kaplan, Kincaid, Lee, Marvin, Murphy, Odom, Plyler, 
Rauch, Royall, Sands, Simpson, Smith, Speed, Taft, Tally, Walker, Wilson, and 
Winner — 33. 

Voting in the negative: None. 

The bill, as amended, is ordered sent to the House of Representatives, for concur- 
rence in Senate Amendments No. 1 and No. 2, without objection, by special messen- 
ger. 

S.B. 1525, a bill to authorize the construction and the financing, without appro- 
priations from the General Fund, of certain capital improvements projects of the con- 
stituent institutions of the University of North Carolina and the University of North 
Carolina Hospitals at Chapel Hill, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 34, noes 0, as follows: 

Voting in the affirmative: Senators Ballance, Barnes, Basnight, Block, Bryan, 
Carpenter, Chalk, Daniel, Daughtry, Goldston, Guy, Hardin, Harris, Hunt of Dur- 
ham, Kaplan, Kincaid, Lee, Murphy, Odom, Parnell, Plyler, Rauch, Royall, Sands, 
Shaw, Sherron, Simpson, Smith, Speed, Taft, Tally, Walker, Wilson, and Win- 
ner— 34. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, July 16, for further consid- 
eration, upon third reading. 

S.B. 1526, a bill to amend the authorization for a wholly self-liquidating project for 
the University of North Carolina at Greensboro that was originally enacted by Chapter 
806 of the 1987 Session Laws and was amended by Chapter 995 of the 1987 Session 
Laws, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 33, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Block, Bryan, Carpenter, Chalk, 
Daniel, Daughtry, Goldston, Guy, Hardin, Harris, Hunt of Durham, Kaplan, Kin- 
caid, Lee, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Royall, Sands, Shaw, 
Sherron, Simpson, Smith, Speed, Taft, Tally, Walker, Wilson, and Winner— 33. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, July 16, for further consid- 
eration, upon third reading. 

S.B. 1612, a bill to provide for the licensure of crematory operators and to establish 
the Crematory Authority within the Board of Mortuary Science. 

Without objection, on motion of Senator Harris, the bill is taken from its regular 
order of business, and on his further motion, consideration of the bill is postponed 
until Tuesday, July 17. 



July 13, 1990 



228 SENATE JOURNAL [Second Session 

S.B. 1589 (Committee Substitute), a bill to amend the Commercial Driver's Li- 
cense Act, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 36, 
noes 1, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Block, Bryan, Carpenter, 
Chalk, Conder, Daniel, Daughtry, Goldston, Guy, Hardin, Harris, Hunt of Durham, 
Johnson of Wake, Kaplan, Kincaid, Lee, Marvin, Murphy, Parnell, Plyler, Rauch, 
Raynor, Royall, Sands, Shaw, Sherron, Simpson, Smith, Speed, Taft, Tally, 
Walker, Wilson, and Winner — 36. 

Voting in the negative: Senator Ballance— 1. 

The Committee Substitute bill is ordered placed on the Calendar for Monday, July 
16, for further consideration, upon third reading. 

S.B. 1543 (Committee Substitute), a bill relating to the funding and operation of 
the Drivers Education Program. 

The Committee Substitute bill passes its second (33-4) and third readings and is 
ordered, without objection, sent to the House of Representatives by special messenger. 

S.Bo 1570 (Committee Substitute), a bill to implement the joint report to provide 
management incentives and flexibility for the constituent institutions of the University 
of North Carolina and to require the creation and enhancement of a program of public 
service and technical assistance to the public schools, as amended. 

Without objection, on motion of Senator Royall, the Committee Substitute bill, as 
amended, is temporarily displaced. 

H.B. 2335 (Committee Substitute), a bill to implement the joint report to provide 
management incentives and flexibility for the constituent institutions of the University 
of North Carolina and to require the creation and enhancement of a program of public 
service and technical assistance to the public schools. 

Without objection, on motion of Senator Royall the Committee Substitute bill is 
taken up out of its regular order of business. 

The Committee Substitute bill passes its second (40-0) and third readings and is 
ordered enrolled. 

S.B. 1622, a bill to provide that the probationary time between an interlocutory 
decree and final adoption order may be the same for private adoptions as those ar- 
ranged by Social Services or a licensed child-placing agency. 

The bill passes its second (38-0) and third readings and is ordered, without objec- 
tion, sent to the House of Representatives by special messenger. 

REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Tally for the Environment and Natural Resources Committee: 

H.B. 2249 (Committee Substitute), a bill to consolidate and clarify the civil penalty 
powers of the Environmental Management Commission and to establish procedures 
for the remission of civil penalty assessments, with an unfavorable report as to Com- 
mittee Substitute bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Tally, the rules are suspended, and the Senate Committee 
Substitute bill, which changes the title, upon concurrence, to read, H.B. 2249 (Sen- 
ate Committee Substitute) , a bill to consolidate and clarify the civil penalty powers of 
the Environmental Management Commission and to establish procedures for the re- 
mission of civil penalty assessments, is placed before the Senate for immediate consid- 
eration. 



July 13, 1990 



1990] SENATE JOURNAL 229 

On motion of Senator Tally, the Senate Committee Substitute bill is adopted, and 
on her further motion is placed on the Calendar for Monday, July 16, for further con- 
sidertion. 

H.B. 2254 (Committee Substitute), a bill to clarify the scope of the financial quali- 
fication and compliance history requirements applicable to applicants for water dis- 
charge and air emissions permits, with a favorable report, as amended. 

H.B. 1177, a bill to increase the criminal penalties for violations of the water qual- 
ity, air quality, oil and hazardous substances control, and hazardous waste manage- 
ment programs that are knowingly committed or that involve knowing endangerment, 
with an unfavorable report as to bill, but favorable as to Senate Committee Substitute 
bill. 

On motion of Senator Tally, the rules are suspended, and the Senate Committee 
Substitute bill which changes the title, upon concurrence, to read H.B. 1177 (Senate 
Committee Substitute), a bill to increase the criminal penalties for violations of the 
water quality, air quality, oil and hazardous substances control, and hazardous waste 
management programs that are knowingly and willfully committed or that involve 
knowing endangerment, is placed before the Senate for immediate consideration. 

On motion of Senator Tally, the Senate Committee Substitute bill is adopted, and 
on her further motion is placed on the Calendar for Monday, July 16, for further con- 
sideration. 



CALENDAR (Continued) 

S.B. 1383 (Committee Substitute), a bill to provide for annual budgets, streamline 
the legislative process, and study a restructuring of the budget process so as to assure 
more stable budgeting, by providing for use of the prior calendar year's collections as 
the revenue estimates, rescheduling the primary and other election-law dates, limiting 
use of reversions to one-time expenditures, as amended, upon third reading. 

Without objection, on motion of Senator Barnes, the Committee Substitute bill, as 
amended, is taken up out of the regular order of business. 

Senator Sands offers Amendment No. 8 which fails of adoption (9-30). 

Senator Conder offers Amendment No. 9 which is adopted (31-8). 

The Chair relinquishes the gavel to Senator Barnes, President Pro Tempore, who 
presides in his absence. 

Senator Ballance offers a motion that the Committee Substitute bill, as amended, be 
re-referred to the Judiciary I Committee, which motion he subsequently with- 
draws. 

The Committee Substitute bill, as amended, passes its third reading (30-8) and is 
ordered engrossed and sent to the House of Representatives, without objection, by 
special messenger. 

Senator Barnes relinquishes the gavel to the Lieutenant Governor, President of the 
Senate, who presides. 

S.B. 1570 (Committee Substitute), a bill to implement the joint report to provide 
management incentives and flexibility for the constituent institutions of the University 
of North Carolina and to require the creation and enhancement of a program of public 
service and technical assistance to the public schools, as amended, temporarily dis- 
placed earlier. 

On motion of Senator Barnes, consideration of the Committee Substitute bill, as 
amended, is postponed until Monday, July 16. 

S.B. 1586 (House Committee Substitute), a bill to accelerate the payment of sales 
taxes and gross receipts taxes by utilities and to accelerate the payment of withheld 



July 13, 1990 



230 SENATE JOURNAL [Second Session 

individual income taxes by employers, for concurrence in the House Committee Sub- 
stitute bill, upon second reading. 

The Senate concurs in the House Committee Substitute bill on second reading by 
roll-call vote, ayes 37, noes 0, as follows: 

Voting in the affirmative: Senators Ballance, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Conder, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, 
Hunt of Durham, Johnson of Wake, Kaplan, Lee, Martin of Pitt, Marvin, Murphy, 
Odom, Parnell, Plyler, Rauch, Raynor, Royall, Sands, Shaw, Sherron, Smith, 
Speed, Taft, Tally, Walker, and Wilson— 37. 

Voting in the negative: None. 

The measure is placed on the Calendar for Monday, July 16, for concurrence in the 
House Committee Substitute bill, upon third reading. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

S.B. 1535 (Committee Substitute), a bill to establish fees for processing applica- 
tions for approval of construction or removal of dams, for concurrence in House 
Amendment No. 1, which is placed on the Calendar for Monday, July 16. 

S.B. 1383, a bill enabling the County of Macon to establish an airport authority for 
the operation and maintenance of airport facilities in the County of Macon for the 
citizens of Macon County and vicinity, for concurrence in the House Committee Sub- 
stitute bill, which changes the title, upon concurrence, to read S.B. 1383 (House 
Committee Substitute), a bill enabling the County of Macon to establish an airport 
authority for the operation and maintenance of airport facilities in the County of 
Macon for the citizens of Macon County and vicinity and to allow the Rutherford Air- 
port Authority to lease land to the State of North Carolina for a period not to exceed 
thirty years, which is placed on the Calendar for Monday, July 16. 

S.B. 673 (House Committee Substitute), a bill to make changes in the practice of 
Funeral Service Act, for concurrence in the House Committee Substitute bill, which is 
placed on the Calendar for Monday, July 16. 

S.B. 1450, a bill relating to the manner of filling vacancies in the Office of Register 
of Deeds of Ashe, Surry, Watauga, Gaston and Lincoln Counties, for concurrence in 
House Amendment No. 1, which changes the title, upon concurrence, to read S.B. 
1450, a bill relating to the manner of filling vacancies in the Office of Register of 
Deeds of Ashe, Surry, Watauga, and Gaston Counties, which is placed on the Calen- 
dar for Monday, July 16. 

H.B. 2321 (Committee Substitute), a bill to continue the Agricultural Finance 
Authority, which is placed on the Calendar for Monday, July 16. 

H.B. 2213 (Committee Substitute), a bill clarifying the power of cities and counties 
to collect charges for the use of stormwater utilities, to give water and sewer authorities 
the power to operate and finance storm drainage systems, to direct the Infrastructure 
Study Commission to study whether each county needs multiple stormwater drainage 
systems, and to fund dispute resolution programs, which is placed on the Calendar for 
Monday, July 16. 

H.B. 2281, a bill authorizing the County of Durham to require development plans 
during the property rezoning process, which is placed on the Calendar for Monday, 
July 16. 

H.B. 2393, a bill to authorize creation of county recreation and security service 
districts, which is placed on the Calendar for Monday, July 16. 



July 13, 1990 



1990] ' ' SENATE JOURNAL 231 

H.B. 2402 (Committee Substitute), a bill to expand the egg promotion tax to in- 
clude processed eggs, which is placed on the Calendar for Monday, July 16. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 1223 House of Representatives 

(Senate Committee Substitute) July 13, 1990 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House fails to concur in the Senate Committee Substitute to H.B. No. 1223, AN 
ACT TO PROVIDE ADDITIONAL TIME FOR THE DEVELOPMENT OF 
WATER SUPPLY WATERSHED CLASSIFICATIONS AND FOR THE CLASSIFI- 
CATION OF EXISTING WATER SUPPLY WATERSHEDS AND TO DELAY THE 
DEVELOPMENT OF NEW SANITARY LANDFILLS FOR THE DISPOSAL OF 
NONHAZARDOUS SOLID WASTE IN WATER SUPPLY WATERSHEDS FOR 
WHICH A PETITION FOR RECLASSIFICATION IS PENDING UNTIL THE 
CLASSIFICATION OF SUCH WATERSHEDS IS COMPLETED, and requests con- 
ferees. The Speaker has appointed Representatives B. Holt, Hackney, Bowman, Sam 
Hunt, and Grimmer on the part of the House to confer with a like committee ap- 
pointed by the Senate to the end that the differences arising may be adjusted. 

Respectfully, 
^1 > S/Grace A. Collins 

•V, ^ Principal Clerk 



REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Rauch for the Finance Committee: 

S.B. 1412 (Committee Substitute), a bill to provide for registration of and reporting 
by multiple employer welfare arrangements and to amend the financial responsibility 
requirements for health plan administrators, with a favorable report. 

H.B. 2067 (Committee Substitute), a bill to update the reference to the Internal 
Revenue Code used to determine certain taxable income and tax exemptions, with a 
favorable report. 

H.B. 2138 (Committee Substitute), a bill to provide transitional adjustments relat- 
ing to Subchapter S Corporations, to correct an error that inadvertently disallowed 
deductions for some mortgage interest payments, to provide additional tax relief for 
taxpayers with dependents who are permanently and totally disabled, to allow a tax 
credit for State income taxes paid on Government Retirement Benefits received in 
1988, to provide that an extension of time for filing an income or franchise tax return 
is not an extension of time for paying the tax, and to reduce the threshold for pay- 
ments of estimated corporate income tax, with a favorable report. 

H.B. 2280, a bill to allow Dare County to establish a special Ipash law district, 
apply a leash law within that district, and levy a tax in that district for enforcement of 
the leash law, with a favorable report. 



July 13, 1990 



232 SENATE JOURNAL [Second Session 

S.B. 1567, a bill to clarify the size of the site selected as the preferred site for the 
low-level radioactive waste disposal facility, to appropriate additional funds to assure 
that the facility is properly sized, and to impose a tax for the privilege of using a low- 
level radioactive waste facility operated pursuant to Chapter 104G of the General Stat- 
utes, with a favorable report, as amended. 

On motion of Senator Rauch, the rules are suspended, and the bill is placed before 
the Senate for immediate consideration and on his further motion Committee Amend- 
ment No. 1. is adopted changing the title to read S.B. 1567, a bill to clarify the size 
of the site selected as the preferred site for the low-level radioactive waste disposal 
facility, and to impose a tax for the privilege of using a low-level radioactive waste 
facility operated pursuant to Chapter 104G of the General Statutes. 

On motion of Senator Rauch, the bill, as amended, is placed on the Calendar for 
Monday, July 16, for further consideration. 

S.B. 1559 (Committee Substitute), a bill to support public health programs and 
activities through an annual fee for food and lodging facilities and meat markets , with 
an unfavorable report as to Committee Substitute bill No. 1, but favorable as to Com- 
mittee Substitute bill No. 2. 

On motion of Senator Rauch, the rules are suspended, and the Committee Substi- 
tute bill No. 2, which changes the title to read S.B. 1559 (Committee Substitute No. 
2), a bill to support pubhc health programs and activities through an annual fee for 
food and lodging facilities, is placed before the Senate for immediate consideration. 

On motion of Senator Rauch, the Committee Substitute bill No. 2 is adopted, and 
on his further motion is placed on the Calendar for Monday, July 16, for further con- 
sideration. 

S.B. 1582, a bill to authorize the issue of general obligation bonds of the State of 
North Carolina to meet infrastructure needs, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Rauch, the rules are suspended, and the Committee Substi- 
tute bill which changes the title to read S.B. 1582 (Committee Substitute), a bill to 
authorize the issuance of two hundred million dollars general obligation bonds of the 
State, subject to a vote of the qualified voters of the State, to provide funds, with any 
other available funds, for general State purposes, is placed before the Senate for im- 
mediate consideration. 

On motion of Senator Rauch, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Monday, July 16, for further considera- 
tion. 

S.B. 1447 (Committee Substitute), a bill to suspend the operation of an annexation 
ordinance of the Town of Andrews, with an unfavorable report as to Committee Sub- 
stitute bill No. 1, but favorable as to Committee Substitute bill No. 2. 

On motion of Senator Rauch, the rules are suspended, and the Committee Substi- 
tute bill No. 2 which changes the title to read S.B. 1447 (Committee Substitute No. 
2), a bill to repeal the annexation ordinance of the Town of Andrews, is placed before 
the Senate for immediate consideration. 

On motion of Senator Rauch, the Committee Substitute bill No. 2 is adopted, and 
on his further motion is placed on the Calendar for Monday, July 16, for further con- 
sideration. 

On motion of Senator Barnes, seconded by Senator Daughtry, the Senate adjourns 
at 12:15 P.M. to meet Monday, July 16, at 8:00 P.M. 



July 13, 1990 



1990] ^ SENATE JOURNAL 233 

" ONE HUNDRED SIXTY-THIRD DAY 

Senate Chamber, 
Monday, July 16, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Honorable Howard N. Lee, Senator from Orange County, 
as follows: 

"Lord, giver of all life: You have offered us many good gifts; 

"You have offered freedom, but we want it with no obligations; You offered hope, 
but we want a guarantee; You offered peace, but we want to hoard it; You offered 
Love, but we can't believe it, accept it or give it in return. 

"Then we ask that life be made easier, instead of asking that we be made stronger. 
We ask for task equal to our power and ability, instead of asking for the power and 
ability equal to the task. We ask for smooth roads to travel, rather than being grateful 
for the opportunity to travel. Instead of asking that we be made smart, we should be 
grateful for the chance to learn. 

"Forgive us for placing our wants above Your grace; for limiting Your goodness by 
our selfishness; for expecting quick answers to eternal issues and tough problems. 

"We are so busy wishing for things we don't have and dreaming about things we 
want; that we fail to fully utilize and enjoy that which we have— the most precious 
being life. Help us. Oh God, to stop wasting our time waiting for a miracle and use 
our time, talent and opportunities wisely. Indeed, we could become a miracle. 

"Thank You for confronting us, so that You can redeem us. Thank You for giving 
us this new day and a new chance. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of Friday, July 
13, has been examined and is found to be correct. On his motion, the Senate dis- 
penses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Swain for tonight. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 336, an act to authorize community college tuition waiver for certain members 
of the Radio Emergency Association Citizens Team (REACT) . (Ch. 915) 

S.B. 465 (House Committee Substitute), an act to clarify the Motor Vehicle Sal- 
vage Title Law and to require certain damage disclosures. (Ch. 916) 

S.B. 1421 (House Committee Substitute), an act to amend the law relating to the 
Raleigh Firemen's Supplemental Retirement Fund. (Ch. 917) 

S.B. 1461, an act relating to zoning procedures of the City of High Point. 
(Ch. 918) 

S.B. 1462, an act relating to assessments for underground electrical wiring in the 
City of High Point. (Ch. 919) 

S.B. 1463 (House Committee Substitute), an act to amend the law relating to the 
Firemen's Pension and Disability Fund in the City of High Point. (Ch. 920) 



July 16, 1990 



234 SENATE JOURNAL [Second Session 

S.B. 1497, an act to amend the Charter of the City of Asheboro. (Ch. 921) 

S.B. 1527 (Committee Substitute), an act to provide refunds of Charlotte/Mecklen- 
burg meals tax paid by certain nonprofit and governmental entities on purchases eligi- 
ble for sales tax refunds. (Ch. 922) 

K.B. 929, an act to authorize counties to make special assessments for street lights 
in residential subdivisions. (Ch. 923) 

H.B, 2041, an act to amend the law regarding the Cary Local Supplemental Retire- 
ment Benefit Fund. (Ch. 924) 

H.B. 2084, an act to authorize the Village of Bald Head Island to contract for 
water supply and pressure for fire protection purposes without complying with the bid 
statutes and to impose special assessments. (Ch. 925) 

H.B. 2092, an act to provide for complimentary fishing licenses for residents of rest 
homes. (Ch. 926) 

H.B. 2094, an act to confirm the corporate limits of the City of Bakers ville. (Ch. 
927) 

H.B. 2119, an act to authorize Davie County to levy a room occupancy and tourism 
development tax. (Ch. 928) 

H.B. 2121 (Senate Committee Substitute), an act to authorize the Board of Com- 
missioners of Davie County to adopt an ordinance prohibiting the discharge of firearms 
or pellet guns from the roadways and rights-of-way in Davie County, and to authorize 
the Davie County Board of Education to convey or release any remaining interests in 
certain real property. (Ch. 929) 

H.B. 2168 (Committee Substitute), an act to regulate the use to which the excess 
proceeds of the Windsor Firemen's Local Relief Fund may be put. (Ch. 930) 

H.B. 2189, an act to increase the amount that can be received in benefits from the 
Lexington Firemen's Supplemental Retirement Fund. (Ch. 931) 

H.B. 2193, an act to allow the Harnett County Board of Commissioners, after 
public hearing, to extend the boundaries of any voted fire protection district out to five 
road miles. (Ch. 932) 

H.B. 2245 (Committee Substitute), an act to authorize the issuance of not in ex- 
cess of seventy-five million dollars bonds of the State to provide funds, with any other 
available funds, for State prison facilities, such authorized bonds to be issued without 
an election during the biennium ended June 30, 1991, in an amount not in excess of 
such authorized amount and not in excess of two-thirds of the amount by which the 
State's outstanding indebtedness shall have been reduced during the 1987-89 bien- 
nium, and to raise the prison population cap. (Ch. 933) 

H.B. 2268, an act to remove a described area from the corporate limits of the 
Town of Elm City. (Ch. 934) 

H.B. 2287 (Committee Substitute), an act to authorize a bond referendum on the 
issuance of two hundred million dollars general obligation bonds of the State, to be 
voted on by the qualified voters of the State, to provide funds, with any other available 
funds, for State prison and youth services facilities. (Ch. 935) 

H.B. 2335 (Committee Substitute), an act to implement the joint report to provide 
management incentives and flexibility for the constituent institutions of the University 



July 16, 1990 



1990] '^ • SENATE JOURNAL 235 

of North Carolina and to require the creation and enhancement of a program of public 
service and technical assistance to the public schools. (Ch. 936) 

S.J.R. 1613, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to authorize ABC election in certain cities 
located in two counties. (Res. 68) 

S.J.R. 1621, a joint resolution honoring the life and memory of Samuel Benjamin 
Frink, former member of the General Assembly. (Res, 69) 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Royall for the Appropriations Committee: 

S.B. 1380, a bill to provide for a strawberry assessment, with a favorable report. 
On motion of Senator Royall, the bill is re-referred to Finance Committee. 



WITHDRAWALS FROM COMMITTEE 

H.B. 2338, a bill to authorize the construction and the financing, without appro- 
priations from the General Fund, of certain capital improvements projects of the con- 
stituent institutions of the University of North Carolina and the University of North 
Carolina Hospitals at Chapel Hill. 

On motion of Senator Royall, the rules are suspended and the bill is taken from the 
Appropriations Committee and is placed on the Calendar for tonight immediately 
preceding S.B. 1525, a bill to authorize the construction and the financing, without 
appropriations from the General Fund, of certain capital improvements projects of the 
constituent institutions of the University of North Carolina and the University of North 
Carolina Hospitals at Chapel Hill, upon second reading. 

H.B. 2356, a bill to amend the authorization for a wholly self-liquidating project 
for the University of North Carolina at Greensboro that was originally enacted by 
Chapter 806 of the 1987 Session Laws and was amended by Chapter 995 of the 1987 
Session Laws. 

On motion of Senator Royall, the rules are suspended and the bill is taken from the 
Appropriations Committee and is placed on the Calendar for tonight immediately 
preceding S.B. 1526, a bill to amend the authorization for a wholly self-liquidating 
project for the University of North Carolina at Greensboro that was originally enacted 
by Chapter 806 of the 1987 Session Laws and was amended by Chapter 995 of the 
1987 Session Laws, upon second reading. 



SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H.B. 2147, a bill to award a performance pay increase in the form of a one-time, 
lump-sum bonus for the year to any State employee who is eligible for such an in- 
crease and who is at the top of a pay scale. 

Referred to State Personnel Committee and upon a favorable report re-referred 
to Appropriations Committee. 



July 16, 1990 



236 SENATE JOURNAL [Second Session 

H.B. 2325 (Committee Substitute), a bill to provide that the State of North Caro- 
lina incurs no liability because of actions of Boards of Trustees of Firemen's Relief 
funds. 

Referred to Insurance Committee. 

H.B. 2348, a bill to amend the law regarding Medicaid subrogation to conform to 
federal guidelines and increase casualty recovery funds. 
Referred to Human Resources Committee. 

H.J.R. 2409, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to require people to be licensed to practice 
electrology. 

On motion of Senator Kaplan, the rules are suspended and the joint resolution is 
placed before the Senate for immediate consideration. 

The joint resolution passes its second (47-0) and third readings and is ordered en- 
rolled. ' 

S.B. 810 (House Committee Substitute), a bill to amend the North Carolina Tech- 
nological Development Authority's enabling legislation regarding the Incubator Facili- 
ties Program, for concurrence in the House Committee Substitute bill, which is placed 
on the Calendar for tomorrow, July 17. 

S.B. 1013 (House Committee Substitute), a bill to establish a separate and unique 
law enforcement officer oath of office, for concurrence in the House Committee Sub- 
stitute bill, which is placed on the calendar for tomorrow, July 17. 

S.B. 1378 (Committee Substitute), a bill to establish a moratorium on the transfer 
of waters, for concurrence in House Amendments No. 1 and No. 2, which is placed 
on the Calendar for tomorrow, July 17. 

H.B. 2173, a bill to increase the probation and parole supervision fees from fifteen 
to twenty dollars. 

Referred to Judiciary H Committee. 

S.B. 155 (Committee Substitute), a bill to require the Environmental Management 
Commission to reclassify certain coastal surface waters of the State as outstanding 
resource waters, for concurrence in the House Committee Substitute bill which 
changes the title, upon concurrence, to read S.B. 155 (House Committee Substitute), 
a bill to require certain municipalities which violate the conditions of court orders re- 
garding the discharge of water from a wastewater treatment plant operated by such 
municipalities to pay full amount of the penalties specified in such orders, to amend 
other laws relating to effluent or emission standards and limitations, and to require 
that certain municipalities notify downstream units of local government whenever their 
wastewater treatment plant exceeds applicable effluent limitations or when untreated 
or partially treated wastewater is diverted so as to bypass the wastewater treatment 
plant. 

The House Committee Substitute bill is placed on the Calendar for tomorrow, July 
17, for concurrence. 

S.B. 1506, a bill to allow judges to use house arrest as a condition of special proba- 
tion in certain DWI cases, for concurrence in the House Committee Substitute bill 
which changes the title, upon concurrence, to read S.B. 1506 (House Committee 
Substitute) , a bill to allow judges to use house arrest as a condition of special proba- 
tion in certain DWI cases, and to provide that certain misdemeanants may be paroled 
and placed under house arrest. 

The House Committee Substitute bill is placed on the Calendar for tomorrow, July 
17, for concurrence. 



July 16, 1990 



1990] ^ SENATE JOURNAL 237 

S.B. 1365, a bill to provide an inheritance tax exemption for State and local gov- 
ernment retirement benefits paid to lineal descendants and ancestors and to limit the 
current inheritance tax exemption for federal government retirement benefits to only 
those benefits paid to lineal descendants and ancestors, for concurrence in the House 
Committee Substitute bill which changes the title, upon concurrence, to read S.B. 
1365 (House Committee Substitute) , a bill to repeal the inheritance tax exemption for 
federal retirement benefits, thereby making the tax treatment for federal retirement 
benefits the same as for State retirement benefits, and to authorize the Legislative 
Research Commission to study the inheritance tax exemptions. 

The House Committee Substitute bill is placed on the Calendar for tomorrow, July 
17, for concurrence. 

S.B. 1414, a bill to authorize Burke County to collect certain fees in the same man- 
ner as ad valorem taxes, for concurrence in the House Committee Substitute bill which 
changes the title, upon concurrence, to read S.B. 1414 (House Committee Substi- 
tute), a bill to authorize Burke, Gaston, Lee, Lenoir, and Washington Counties to 
collect certain fees in the same manner as ad valorem taxes. 

The House Committee Substitute bill is placed on the Calendar for tomorrow, July 
17, for concurrence. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 2081 House of Representatives 

July 16, 1990 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House fails to concur in the Senate amendment to HB. No. 2081, A BILL TO BE 
ENTITLED AN ACT TO INCREASE THE MAXIMUM VEHICLE TAX THAT 
CAN BE LEVIED IN THE CITY OF GASTONIA FROM FIVE DOLLARS TO FIF- 
TEEN DOLLARS, and requests conferees. The Speaker has appointed Representa- 
tives Abernethy, Dickson, Lail and Rhyne on the part of the House to confer with a 
like committee appointed by the Senate to the end that the differences arising may be 
adjusted. 

' Respectfully, 

,' _ S/Grace A. Collins 

, ; Principal Clerk 

CALENDAR 

Bills and resolutions on the Calendar carried forward as unfinished business from 
Friday, July 13, are taken up and disposed, as follows: 

H.B. 1028 (Committee Substitute), a bill to revise the election of presidential elec- 
tors. 

On motion of Senator Taft, consideration of the Committee Substitute bill is post- 
poned until Wednesday, July 18. 

H.B. 2263 (Committee Substitute), a bill to require reporting to the Department of 
Administration of participation by disadvantaged businesses in public procurement 
contracts and to require the Department to collect, compile, and report the data, and 
to clarify the public bidding law for single-prime and separate-prime competitive bids. 

On motion of Senator Plyler, the Committee Substitute bill is ordered temporarily 
displaced. 



July 16, 1990 



238 SENATE JOURNAL [Second Session 

H.Be 2267, a bill to expand the eligibility for membership in the Supplemental Re- 
tirement Income Plan to employees of certain local governments and make technical 
corrections. 

On motion of Senator Block, the bill is ordered temporarily displaced. 

H.B. 2269 (Committee Substitute), a bill to allow a Superior Court Judge to enter 
judgnient in & caveat proceeding in accordance with a settlement agreement entered 
into by the parties, either sustaining or setting aside the will. 

The Committee Substitute bill passes its second (45-0) and third readings and is 
ordered enrolled. 

H.B. 2263 (Committee Substitute), a bill to require reporting to the Department of 
Administration of participation by disadvantaged businesses in public procurement 
contracts and to require the Department to collect, compile, and report the data, and 
to clarify the public bidding law for single-prime and separate-prime competitive bids. 

On motion of Senator Sherron, consideration of the Committee Substitute bill is 
postponed until Wednesday, July 18. 

Bills and resolutions on the Calendar for tonight, July 16, are taken up and disposed 
of as follows: 

H.B. 2262, a bill to allow the Town of Richfield to be included within a rural fire 
protection district. 

On motion of Senator Conder, consideration of the bill is postponed until Tuesday, 
July 17. 

APPOINTMENT OF CONFERENCE COMMITTEE 

H.B. 2081, a bill to provide that the City of Gastonia may, by unanimous vote of 
the full membership of the City Council, increase the vehicle tax levied in the City 
from five dollars to no more than fifteen dollars. 

Pursuant to the message from the House of Representatives received earlier tonight 
requesting conferees. Senator Rauch offers a motion that the Senate do appoint con- 
ferees, which motion prevails. 

CALENDAR (Continued) 

H.B. 2288 (Committee Substitute), a bill to provide that both felons and mis- 
demeanants shall be eligible for intensive probation and parole, upon third reading. 

Senator Block offers Amendment No. 1 which is adopted (42-5). 

The Committee Substitute bill, as amended, passes its third reading (47-0) and is 
ordered sent to the House of Representatives, for concurrence in Senate Amendment 
No. 1. 

RE-REFERRAL 

H.B. 2348, a bill to amend the law regarding Medicaid subrogation to conform to 
federal guidelines and increase casualty recovery funds. 

On motion of Senator Winner, the rules are suspended and the bill is taken from the 
Huiman Resources Committee and is re-referred to the Judiciary II Commit- 
tee. 

CALENDAR (Continued) 

H.B. 2267, a bill to expand the eligibility for membership in the Supplemental Re- 
tirement Income Plan to employees of certain local governments and make technical 
corrections, temporarily displaced earlier. 

The bill passes its second (46-0) and third readings and is ordered enrolled. 



July 16, 1990 



1990] SENATE JOURNAL 239 

S.B. 1509 (House Committee Substitute), a bill to authorize water column leases 
for aquaculture within recognized shellfish franchises and to delay action to terminate 
shellfish cultivation leases for one year, for concurrence in the House Committee Sub- 
stitute bill, upon second reading. 

The Senate concurs in the House Committee Substitute bill on its second reading by 
roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Goldston, 
Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, 
Parnell, Plyler, Rauch, Raynor, Roy all, Sands, Shaw, Sherron, Simpson, Smith, 
Soles, Speed, Staton, Taft, Tally, Walker, Ward, Wilson, and Winner— 47. 

Voting in the negative: None. 

The measure remains on the Calendar for tomorrow, for concurrence in the House 
Committee Substitute bill, upon third reading. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Senator Johnson of Cabarrus offers a motion that Rule 40 be suspended to allow the 
introduction of the following bill, filed pursuant to Resolution 68, which motion pre- 
vails by a two-thirds majority vote. 

By Senator Johnson of Cabarrus: 

S.B. 1623, a bill to authorize ABC elections in certain cities located in two coun- 
ties. 

On motion of Senator Johnson of Cabarrus, the bill is placed before the Senate for 
immediate consideration. 

The bill passes its second (44-0) and third readings and is ordered, without objec- 
tion, sent to the House of Representatives by special messenger. 

CALENDAR (Continued) 

H.B. 2276, a bill to allow the Board of Commissioners of Macon County to call an 
election within fire districts created under a local act to give voters the choice either to 
impose a minimum fee under that local act or to convert the district to a rural fire 
protection district, upon third reading. 

On motion of Senator Winner, consideration of the bill is postponed until tomorrow, 
July 17. 

S.B. 1447 (Committee Substitute No. 2), a bill to repeal the annexation ordinance 
of the Town of Andrews, upon second reading. 

The Committee Substitute bill No. 2 passes its second reading by roll-call vote, ayes 
45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Hunt of Durham, Johnson of Wake, Kincaid, Lee, Martin of 
Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, 
Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Taft, Tally, 
Walker, Ward, Wilson, and Winner — 45. 

Voting in the negative: None. 

The Committee Substitute bill No. 2 is ordered placed on the Calendar for tomor- 
row, July 17, for further consideration, upon third reading. 

H.B. 2280, a bill to allow Dare County to establish a special leash law district, 
apply a leash law within that district, and levy a tax in that district for enforcement of 
the leash law, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 



July 16, 1990 



2W SENATE JOURNAL [Second Session 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Johnson of Wake, Kaplan, Kin- 
caid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, 
Plyler, Rauch, Raynor, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, 
Speed, Staton, Taft, Tally, Walker, Ward, Wilson, and Winner— 47. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, July 17, for further consid- 
eration, upon third reading. 

H.B. 2281, a bill authorizing the County of Durham to require development plans 
during the property rezoning process. 

The bill passes its second (47-0) and third readings and is ordered enrolled. 

S.B. 1478 (Committee Substitute), a bill to incorporate the Town of Greenlevel in 
Alamance County, for concurrence in House Amendment No. 1, upon third reading. 

The Senate concurs in House Amendment No. 1 on its third reading by roll-call 
vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Johnson of Wake, Kaplan, Kin- 
caid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, 
Plyler, Rauch, Raynor, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, 
Speed, Staton, Taft, Tally, Walker, Ward, Wilson, and Winner— 47. 

Voting in the negative: None. 

The Committee Substitute bill is ordered enrolled. 

S.B. 1383 (House Committee Substitute), a bill enabling the County of Macon to 
establish an airport authority for the operation and maintenance of airport facilities in 
the County of Macon for the citizens of Macon County and vicinity and to allow the 
Rutherford Airport Authority to lease land to the State of North Carolina for a period 
not to exceed thirty years, for concurrence in the House Committee Substitute bill, 
upon second reading. 

The Senate concurs in the House Committee Substitute bill on its second reading by 
roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel^ Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Kaplan, Kincaid, Lee, Martin of 
Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, 
Royall, Sands, Sherron, Simpson, Smith, Soles, Speed, Staton, Taft, Tally, Walker, 
Ward, Wilson, and Winner— 45. 

Voting in the negative: None. 

The measure is ordered placed on the Calendar for tomorrow, July 17, for concur- 
rence in the House Committee Substitute bill, upon third reading. 

S.B. 1450, a bill relating to the manner of filling vacancies in the Office of Register 
of Deeds of Ashe, Surry, Watauga, Gaston and Lincoln Counties, for concurrence in 
House Amendment No. 1. 

The Senate fails to concur in House Amendment No. 1. 

Senator Sands offers a motion that the Senate do appoint conferees, which motion 
prevails (5-42). 

H.B. 2338, a bill to authorize the construction and the financing, without appro- 
priations from the General Fund, of certain capital improvements projects of the con- 
stituent institutions of the University of North Carolina and the University of North 
Carolina Hospitals at Chapel Hill, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 



July 16, 1990 



1990] ^ ' SENATE JOURNAL 241 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Kin- 
caid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, 
Plyler, Rauch, Raynor, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, 
Speed, Staton, Taft, Tally, Walker, Ward, Wilson, and Winner— 47. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, July 17, for further consid- 
eration, upon third reading. 

S.B. 1525, a bill to authorize the construction and the financing, without appro- 
priations from the General Fund, of certain capital improvements projects of the con- 
stituent institutions of the University of North Carolina and the University of North 
Carolina Hospitals at Chapel Hill, upon third reading. 

On motion of Senator Royall, consideration of the bill is postponed until Wednes- 
day, July 18. 

H.B. 2356, a bill to amend the authorization for a wholly self-liquidating project 
for the University of North Carolina at Greensboro that was originally enacted by 
Chapter 806 of the 1987 Session Laws and was amended by Chapter 995 of the 1987 
Session Laws, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, 
Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Kincaid, Lee, 
Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, 
Raynor, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Taft, 
Tally, Walker, Ward, Wilson, and Winner— 46. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, July 17, for further consid- 
eration, upon third reading. 

S.B. 1526, a bill to amend the authorization for a wholly self-liquidating project for 
the University of North Carolina at Greensboro that was originally enacted by Chapter 
806 of the 1987 Session Laws and was amended by Chapter 995 of the 1987 Session 
Laws, upon third reading. 

On motion of Senator Royall, consideration of the bill is postponed until Wednes- 
day, July 18. 

S.B. 1589 (Committee Substitute), a bill to amend the Commercial Driver's Li- 
cense Act, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 47, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, 
Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, 
Parnell, Plyler, Rauch, Raynor, Royall, Sands, Shaw, Sherron, Simpson, Smith, 
Soles, Speed, Staton, Taft, Tally, Walker, Ward, Wilson, and Winner— 47. 

Voting in the negative: None. 

The Committee Substitute bill is ordered, without objection, sent to the House of 
Representatives by special messenger. 

Senator Wilson presides over a portion of tonight's session. 

S.B. 1360 (Committee Substitute No. 3), a bill to reinstate sales tax on certain 
vehicles and vehicle parts, to modify the highway use tax and the alternate gross 



July 16, 1990 



242 SENATE JOURNAL [Second Session 

receipts tax, to increase certain fees to offset the loss of revenue resulting from the 
modifications to the highway use tax, and to make technical changes in the laws af- 
fected by the Highway Trust Fund, upon second reading. 

The Committee Substitute bill No. 3 passes its second reading by roll-call vote, ayes 
46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, 
Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Kincaid, Lee, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, 
Rauch, Raynor, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Staton, Taft, Tally, Walker, Ward, Wilson, and Winner— 46. 

Voting in the negative: None. 

The Committee Substitute bill No. 3 is ordered placed on the Calendar for tomor- 
row, July 17, for further consideration, upon third reading. 

S.B. 1559 (Committee Substitute No. 2), a bill to support public health programs 
and activities through an annual fee for food and lodging facilities, upon second read- 
ing. 

Senator Johnson of Wake offers Amendment No. 1. 

Senator Marvin rises to a point of order, pursuant to Rule 57.2, as to the germane- 
ness of Amendment No. 1. 

The Chair rules Amendment No. 1 is germane. 

Amendment No. 1 is adopted (41-7). 

The Committee Substitute bill No. 2, as amended, passes its second reading by 
roll-call vote, ayes 45, noes 3, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, 
Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Murphy, Odom, Parnell, 
Plyler, Rauch, Raynor, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, 
Speed, Staton, Taft, Walker, Ward, Wilson, and Winner— 45. 

Voting in the negative: Senators Ballance, Marvin, and Tally — 3. 

The Committee Substitute bill No. 2, as amended, is ordered placed on the Calen- 
dar for tomorrow, July 17, for further consideration, upon third reading. 

S.B. 1567, a bill to clarify the size of the site selected as the preferred site for the 
low-level radioactive waste disposal facility, and to impose a tax for the privilege of 
using a low-level radioactive waste facility operated pursuant to Chapter 104G of the 
General Statutes, as amended, upon second reading. 

Senator Tally rises to a point of order as to the eligibility of the measure under 
Resolution 34 pursuant to Amendment No. 1 removing the requirement for appropria- 
tions. The Chair takes the point of order under advisement and orders the bill, as 
amended, temporarily displaced. 

S.B. 1412 (Committee Substitute), a bill to provide for registration of and reporting 
by multiple employer welfare arrangements and to amend the financial responsibility 
requirements for health plan administrators. 

The Committee Substitute bill passes its second (49-0) and third readings and is 
ordered sent to the House of Representatives. 

H.B. 2213 (Committee Substitute), a bill clarifying the power of cities and counties 
to collect charges for the use of stormwater utilities, to give water and sewer authorities 
the power to operate and finance storm drainage systems, to direct the infrastructure 
study Commission to study whether each county needs multiple stormwater drainage 
systems, and to fund dispute resolution programs, upon second reading. 

On motion of Senator Winner, the Committee Substitute bill is referred to the Fi- 
nance Committee. 



July 16, 1990 



1990] SENATE JOURNAL 243 

H.B. 2321 (Committee Substitute), a bill to continue the Agricultural Finance 
Authority, upon second reading. 

On motion of Senator Winner, the Committee Substitute bill is referred to the Fi- 
nance Committee. 

H.B. 2393, a bill to authorize creation of county recreation and security service 
districts, upon second reading. ^ 

On motion of Senator Winner, the bill is referred to the Local Government and 
Regional Affairs Committee. 

H.B. 2402 (Committee Substitute), a bill to expand the egg promotion tax to in- 
clude processed eggs, upon second reading. 

On motion of Senator Winner, the Committee Substitute bill is referred to the Fi- 
nance Committee. 

S.B. 1582 (Committee Substitute), a bill to authorize the issuance of two hundred 
million dollars general obligation bonds of the State, subject to a vote of the qualified 
voters of the State, to provide funds, with any other available funds, for general State 
purposes, upon second reading. 

On motion of Senator Rauch, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

S.B a 1450, a bill relating to the manner of filling vacancies in the Office of Register 
of Deeds of Ashe, Surry, Watauga, Gaston and Lincoln Counties, for concurrence in 
House Amendment No. 1. 

The Senate failing to concur in House Amendment No. 1, and the motion of Sena- 
tor Sands that the Senate do appoint conferees, prevailing earlier tonight, the Presi- 
dent Pro Tempore appoints Senators Sands (Chairman), Rauch, Harris, and Marvin 
as conferees on the part of the Senate to resolve the differences arising between the 
two Bodies, and a message is ordered sent to the House of Representatives informing 
that Honorable Body of such action and requesting conferees. 

APPOINTMENT OF CONFERENCE COMMITTEE 

H.B. 2081, a bill to provide that the City of Gastonia may, by unanimous vote of 
the full membership of the City Council, increase the vehicle tax levied in the City 
from five dollars to no more than fifteen dollars. 

The motion of Senator Rauch prevailing earlier tonight that the Senate do appoint 
conferees, the President Pro Tempore appoints Senators Rauch (Chairman), Harris, 
and Marvin as conferees on the part of the Senate to act with a like committee from 
the House of Representatives to resolve the differences arising between the two Bodies. 
A message is ordered sent to the House of Representatives informing that Honorable 
Body of such action. 

CALENDAR (Continued) 

S.B. 1567, a bill to clarify the size of the site selected as the preferred site for the 
low-level radioactive waste disposal facility, and to impose a tax for the privilege of 
using a low-level radioactive waste facility operated pursuant to Chapter 104G of the 
General Statutes, as amended, temporarily displaced earlier, with a point of order 
under advisement. 

The Chair orders the bill, as amended, placed on the Calendar for tomorrow, July 
17, with the point of order under advisement. 

ENROLLED BILLS 

The Enrolling Clerk reports the following resolution properly enrolled, it is duly rati- 
fied, and sent to the office of the Secretary of State: 



July 16, 1990 



244 SENATE JOURNAL [Second Session 

H.J.R. 2409, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to require people to be licensed to practice 
electrology. (Res. 70) 

REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Royall for the Appropriations Committee: 

S.B. 1475, a bill to appropriate funds to the Department of Community Colleges for 
proprietary school law enforcement, with an unfavorable report as to bill, but favor- 
able as to Committee Substitute bill. 

On motion of Senator Royall, the rules are suspended, and the Committee Substi- 
tute bill, which changes the title to read S.B. 1475 (Committee Substitute), a bill to 
set the amounts of the fees collected for proprietary school licensure and regulation, is 
placed before the Senate for immediate consideration. 

On motion of Senator Royall, the Committee Substitute bill is adopted, and on his 
further motion is re-referred to the Finance Committee. 



CALENDAR (Continued) 

S.B. 1586 (House Committee Substitute), a bill to accelerate the payment of sales 
taxes and gross receipts taxes by utilities and to accelerate the payment of withheld 
individual income taxes by employers, for concurrence in House Committee Substitute 
bill, upon third reading. 

The Senate concurs in the House Committee Substitute bill on its third reading by 
roll-call vote, ayes 44, noes 1, as follows: 

Voting in the affirmative: Senators Ballance, Barker, Barnes, Basnight, Block, 
Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, Guy, 
Hardin, Harris, Hunt of Durham, Johnson of Wake, Kaplan, Lee, Martin of Pitt, 
Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, 
Richardson, Royall, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Taft, 
Tally, Walker, Ward, Wilson, and Winner— 44. 

Voting in the negative: Senator Bryan— 1. 

The House Committee Substitute bill is ordered enrolled. 

The President recognizes the following pages serving in the Senate this week: 

Derek Baird, Raleigh; Cecily Baldwin, Raleigh; Jason Benton, Charlotte; Mindy 
Benton, Charlotte; Tiffany Buff aloe. Garner; Eric B. Dallin, Raleigh; Lynn Davis, 
Raleigh; Lex Erwin, Charlotte; Martha Erwin, Charlotte; Marty Gilchrist, Greens- 
boro; Ann P. Hancock, Oxford; Alex Holland, Charlotte; Heather A. Lasher, 
Raleigh; Amber Liebers, Fayette ville; Lenwood V. Long, Jr., Raleigh; Kristen Man- 
gum, Garner; Heather D. Matthews, Raleigh; Jason E. Melton, Franklinton; Carol 
L. Roberson, Franklinton; Israel Sarpolis, Raleigh; Elizabeth K. Wilson, Matthews; 
Melissa K. Wilson, Wilmington; and Dolores Ziccardi, Pelham. 

On motion of Senator Barnes, seconded by Senator Cochrane, the Senate adjourns 
at 9:30 P.M. to meet tomorrow, July 17, at 1:00 P.M. 



July 16, 1990 



1990] SENATE JOURNAL 245 

ONE HUNDRED SIXTY-FOURTH DAY 

Senate Chamber, 
Tuesday, July 17, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Father, athletes often pray for endurance and strength; musicians request inspira- 
tion and skill; artists frequently ask for vision and a sense of perspective; teachers pray 
for the ability to communicate their ideas with clarity; business people ask for the 
courage to make hard decisions; and doctors, ministers, and counselors come to You 
seeking sensitivity and insight into the needs of others. 

"Today, I pray for these legislators who need the combined talents of all these pro- 
fessions to do their jobs well. Help them by reminding them that You have already 
equipped them with these skills, and that You also have promised to be with them as 
they work for the betterment of our State. 

"In Your Name we offer our prayer. Father. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of Monday, 
July 16, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senator Swain and Senator Johnson of 
Wake. 



REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Tally for the Environment and Natural Resources Committee: 

H.B. 2260, a bill to make clarifying, conforming, and technical amendments to 
various laws relating to environment, health, and natural resources, with an unfavor- 
able report as to bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Tally, the rules are suspended and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration. 

On motion of Senator Tally, the Senate Committee Substitute bill is adopted, and 
on her further motion is placed on the Calendar for tomorrow, July 18, for further 
consideration. 

By Senator Soles for the Judiciary II Committee: 

H.B. 1269 (Committee Substitute), a bill to establish the duties of parties ordered 
to provide medical support for dependent children and to provide that court orders and 
written agreements regarding medical support for dependent children are valid authori- 
zation to insurers for purposes of releasing information and processing claims, with a 
favorable report. 

On motion of Senator Soles, the Committee Substitute bill is re-referred to the Ap- 
propriations Committee. 

By Senator Sands for the Local Government and Regional Affairs Commit- 
tee: 



July 17, 1990 



24^ SENATE JOURNAL [Second Session 

H.B. 2241 (Committee Substitute), a bill revising and consolidating the Charter of 
Bessemer City, with a favorable report. 

On motion of Senator Sands, the Committee Substitute bill is re-referred to the Fi- 
nance Committee. 

H.B. 2242 (Committee Substitute), a bill to annex certain described property into 
the corporate limits of the Town of Long View, with a favorable report. 

On motion of Senator Sands, the Committee Substitute bill is re-referred to the Fi- 
nance Committee. 

H.B. 806, a bill to authorize the City of Raleigh to regulate stormwater, with a 
favorable report, as amended. 

On motion of Senator Sands, the bill is re-referred to the Finance Committee. 

By Senator Conder for the Education Committee: 

H.B. 2278, a bill to modify the school funding procedures for Robeson County and 
to appoint members of the Board of Education for the public schools of Robeson 
County, with a favorable report. 

CALENDAR 

Bills on the Calendar, carried forward as unfinished business from Monday, July 
16, are taken up and disposed of as follows: 

H.B. 2067 (Committee Substitute), a bill to update the reference to the Internal 
Revenue Code used to determine certain taxable income and tax exemptions, upon 
second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 42, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daughtry, Goldston, Guy, Hardin, 
Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Kincaid, Lee, Martin of Pitt, 
Martin of Guilford, Murphy, Parnell, Plyler, Rauch, Ray nor, Richardson, Roy all. 
Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, Walker, Ward, 
Wilson, and Winner — 42. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, July 
18, for further consideration, upon third reading. 

H.B. 2258 (Committee Substitute), a bill to levy a one-time assessment on insurers 
that support the Mutual Workers' Compensation Security Fund, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 43, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Goldston, Guy, 
Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Kincaid, Lee, Mar- 
tin of Guilford, Marvin, Murphy, Parnell, Rauch, Raynor, Richardson, Royall, 
Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Taft, Tally, Walker, 
Ward, Wilson, and Winner — 43. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, July 
18, for further consideration, upon third reading. 

H.B. 2398 (Committee Substitute), a bill to provide for the licensure of crematory 
operators and to establish the crematory authority within the Board of Mortuary Sci- 
ence, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 44, 
noes 0, as follows: 



July 17, 1990 



1990] ' SENATE JOURNAL 247 

Voting in the affirmative: Senators Allran, Ballance, Barker, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Goldston, Guy, 
Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Kincaid, Lee, Mar- 
tin of Guilford, Marvin, Murphy, Parnell, Flyler, Rauch, Raynor, Richardson, 
Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Taft, Tally, 
Walker, Ward, Wilson, and Winner— 44. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, July 
18, for further consideration, upon third reading. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 928 (Committee Substitute), an act to set the percentage rate of the regulatory 
fee to be paid by public utilities during the 1990-91 fiscal year at the rate that was in 
effect for the 1989-90 fiscal year. (Ch. 937) 

S.B. 1382, an act to authorize Cleveland, Polk and Transylvania Counties to col- 
lect certain fees in the same manner as ad valorem taxes. (Ch. 938) 

S.B. 1392 (Committee Substitute), an act to modify the corporate limits of the 
Town of Pineville and the City of Charlotte. (Ch. 939) 

S.B. 1401, an act to authorize Duplin County to collect certain fees in the same 
manner as ad valorem taxes. (Ch. 940) 

S.B. 1408 (Committee Substitute), an act to provide for supplemental fees, li- 
censes, written examinations, and continuing education for agents who sell Medicare 
supplement or long-term care insurance policies; and to amend the Medicare supple- 
ment insurance law in accordance with recent congressional action. (Ch. 941) 

S.B. 1478 (Committee Substitute), an act to incorporate the Town of Greenlevel in 
Alamance County. (Ch. 942) 

S.B. 1494, an act to allow the Town of Richfield to be included within a rural fire 
protection district. (Ch. 943) 

S.B. 1534 (Committee Substitute), an act to establish fees for processing applica- 
tions for mining permits and applications for modifications and renewals of existing 
mining permits. (Ch. 944) 

S.B. 1586 (House Committee Substitute), an act to accelerate the payment of sales 
taxes and gross receipts taxes by utilities and to accelerate the payment of withheld 
individual income taxes by employers. (Ch. 945) 

S.B. 1587 (Committee Substitute), an act to improve the procedure for collecting 
debts owed the State by setting off the debts against tax refunds. (Ch. 946) 

H.B. 2101, an act to annex certain described territory to the Town of Trent 
Woods, and providing that the general law on compensation of municipal officers shall 
apply. (Ch. 947) 

H.B. 2267, an act to expand the eligibility for membership in the Supplemental 
Retirement Income Plan to employees of certain local governments and make technical 
corrections. (Ch. 948) 



July 17, 1990 



248 SENATE JOURNAL [Second Session 

H.B. 2269 (Committee Substitute), an act to allow a Superior Court Judge to enter 
judgment in a caveat proceeding in accordance with a settlement agreement entered 
into by the parties, either sustaining or setting aside the will. (Ch. 949) 

H.B. 2281, an act authorizing the County of Durham to require development plans 
during the property rezoning process. (Ch. 950) 



SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Special messages are received from the House of Representatives, transmitting the 
following bills and resolutions, which are read the first time and disposed of as fol- 
lows: 

H.B. 2144, a bill to place the burden on the State employee to request written 
justification from the employee's supervisor when that employee does not receive an 
increase of a midrange value within the allowable range. 

Referred to State Personnel Committee. 

H.B. 1314, a bill to authorize flexible compensation plans for State agency employ- 
ees. University employees, community college employees, and public school employ- 
ees. 

Referred to State Personnel Committee and upon a favorable report re-referred 
to Appropriations Committee. 



CALENDAR (Continued) 

S.B. 1570 (Committee Substitute), a bill to implement the joint report to provide 
management incentives and flexibility for the constituent institutions of the University 
of North Carolina and to require the creation and enhancement of a program of public 
service and technical assistance to the public schools. 

On motion of Senator Royall, and with unanimous consent, the Committee Substi- 
tute bill is postponed indefinitely. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

Senator Kaplan offers a motion that Rule 40 be suspended to allow the introduction, 
pursuant to Resolution 70, of the following bill which motion prevails by a two-thirds 
majority vote. 

By Sentor Kaplan: 

S.B. 1624, a bill to require people to be licensed to practice electrology. 
On motion of Senator Kaplan the Chair orders, without objection, the bill temporar- 
ily displaced. 



CALENDAR (Continued) 

S.B. 1612, a bill to provide for the licensure of crematory operators and to establish 
the Crematory Authority within the Board of Mortuary Science. 

On motion of Senator Harris the bill is taken from the Calendar for today and is 
placed on the Calendar for Friday, July 20. 

H.B. 1177 (Senate Committee Substitute), a bill to increase the criminal penalties 
for violations of the water quality, air quality, oil and hazardous substances control. 



July 17, 1990 



1990] SENATE JOURNAL 249 

and hazardous waste management programs that are knowingly and willfully commit- 
ted or that involve knowing endangerment. 

Pursuant to Rule 42.1, Senator Smith, Vice-Chairman of the Senate Finance 
Committee requests a fiscal analysis of the Senate Committee Substitute bill. 

The Chair orders the Senate Committee Substitute bill placed on the Calendar for 
Thursday, July 19, for receipt of a fiscal note. 

H.B. 2138 (Committee Substitute), a bill to provide transitional adjustments relat- 
ing to Subchapter S Corporations, to correct an error that inadvertently disallowed 
deductions for some mortgage interest payments, to provide additional tax relief for 
taxpayers with dependents who are permanently and totally disabled, to allow a tax 
credit for State income taxes paid on Government Retirement Benefits received in 
1988, to provide that an extension of time for filing an income or franchise tax return 
is not an extension of time for paying the tax, and to reduce the threshold for pay- 
ments of estimated corporate income tax. 

The Chair rules the Committee Substitute bill requires a call of the roll. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 46, 
noes 2, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, 
Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Kincaid, Lee, 
Martin of Pitt, Martin of Guilford, Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, 
Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, 
Taft, Tally, Walker, Ward, Wilson, and Winner— 46. 

Voting in the negative: Senators Ballance and Odom— 2. 

The Committee Substitute bill remains on the Calendar for tomorrow, July 18, for 
further consideration, upon third reading. 

H.B. 2249 (Senate Committee Substitute), a bill to consolidate and clarify the civil 
penalty powers of the Environmental Management Commission and to establish pro- 
cedures for the remission of civil penalty assessments. 

The Senate Committee Substitute bill passes its second (46-0) and third readings 
and is ordered sent to the House of Representatives for concurrence in the Senate 
Committee Substitute bill. 



REPORTS OF COMMITTEES 

c 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Rauch for the Finance Committee: 

H.B. 2136, (Committee Substitute), a bill to allow Durham County to create a 
special projects district as a separate political subdivision within the county for the 
purpose of funding joint projects undertaken through interlocal cooperation agreements 
between the County of Durham, the City of Durham, and the Town of Chapel Hill to 
ensure proportional equality of city and county taxpayer participation and to allow an 
extension of time for Durham County Hospital Corporation to file an application for a 
sales and use tax refund, with a favorable report. 

H.B. 2321 (Committee Substitute), a bill to continue the Agricultural Finance 
Authority, with a favorable report. 

H.B. 2353 (Committee Substitute No. 2), a bill to establish fees for processing 
applications for permits and to improve permit processing and compliance under the 
Coastal Area Management Act, with a favorable report. 



July 17, 1990 



250 SENATE JOURNAL [Second Session 

H.B. 2402 (Committee Substitute), a bill to expand the egg promotion tax to in- 
clude processed eggs, with a favorable report. 

S.B. 1380, a bill to provide for a strawberry assessment, with a favorable report, as 
amended. 

H.B. 2073, a bill to allow a sales tax exemption for fuel used by a small power 
producer to generate electricity, with a favorable report, as amended. 

On motion of Senator Rauch, the bill is re-referred to the Ways and Means 
Committee. 

H.B. 2213 (Committee Substitute), a bill clarifying the power of cities and counties 
to collect charges for the use of stormwater utilities, to give water and sewer authorities 
the power to operate and finance storm drainage systems, to direct the infrastructure 
study Commission to study whether each county needs multiple stormwater drainage 
systems, and to fund dispute resolution programs, with a favorable report, as 
amended. 

S.B. 1475 (Committee Substitute), a bill to set the amounts of the fees collected for 
proprietary school licensure and regulation, with an unfavorable report as to Commit- 
tee Substitute bill No. 1, but favorable as to Committee Substitute bill No. 2. 

On motion of Senator Rauch, the rules are suspended, and the Committee Substi- 
tute bill No. 2 is placed before the Senate for immediate consideration. 

On motion of Senator Rauch, the Committee Substitute bill No. 2 is adopted, and 
on his further motion is placed on the Calendar for tomorrow, July 18, for further 
consideration. 

S.B. 1575, a bill to levy an individual income tax surtax of four-tenths of one per- 
cent in order to generate funds for educational equity grants and for State programs 
relating to health, social services, need-based scholarships, and indigent counsel fees, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Rauch, the rules are suspended, and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration. 

On motion of Senator Rauch, the Committee Substitute bill is adopted, which 
changes the title to read S.B. 1575 (Committee Substitute), a bill to increase the fee 
for filing a corporation's annual report with the Secretary of State, and on his further 
motion is placed on the Calendar for tomorrow, July 18, for further consideration. 

H.B. 2207 (Committee Substitute), a bill to remove the obsolete sales tax exemp- 
tion for ice and to add the Vietnam Veterans Memorial Park to the sites maintained by 
the Department of Transportation, with an unfavorable report as to Committee Substi- 
tute bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Rauch, the rules are suspended, and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration. 

On motion of Senator Rauch, the Senate Committee Substitute bill is adopted, 
which changes the title, upon concurrence, to read, H.B. 2207 (Senate Committee 
Substitute), a bill to remove the obsolete sales tax exemption for ice, and on his fur- 
ther motion the measure is placed on the Calendar for tomorrow, July 18, for further 
consideration. 

CALENDAR (Continued) 

H.B. 2254 (Committee Substitute), a bill to clarify the scope of the financial quali- 
fication and compliance history requirements applicable to applicants for water dis- 
charge and air emissions permits. 

On motion of Senator Tally Committee Amendment No. 1 is adopted. 

The Committee Substitute bill, as amended, passes its second (47-0) and third 
readings and is ordered sent to the House of Representatives for concurrence in Senate 
Amendment No. 1. 



July 17, 1990 



1990] SENATE JOURNAL 251 

H.B. 2350, a bill to conform the Social Service Statutes with the Federal Job Op- 
portunities and Basic Skills Training Program and to preserve State funds. 
The bill passes its second (46-0) and third readings and is ordered enrolled. 

S.B. 673 (House Committee Substitute), a bill to make changes in the practice of 
Funeral Service Act, for concurrence in House Committee Substitute bill, upon second 
reading. 

The Senate concurs in the House Committee Substitute bill on its second reading by 
roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Kin- 
caid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, 
Plyler, Rauch, Raynor, Richardson, Roy all, Sands, Shaw, Sherron, Simpson, Smith, 
Speed, Staton, Taft, Tally, Walker, Ward, Wilson, and Winner— 47. 

Voting in the negative: None. 

The House Committee Substitute bill is ordered placed on the Calendar for tomor- 
row, July 18, for concurrence in the measure, upon third reading. 

S.B. 1535 (Committee Substitute), a bill to establish fees for processing applica- 
tions for approval of construction or removal of dams, for concurrence in House 
Amendment No. 1, upon second reading. 

The Senate concurs in House Amendment No. 1 on its second reading by roll-call 
vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Kin- 
caid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, 
Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, 
Speed, Staton, Taft, Tally, Walker, Wilson, and Winner— 46. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, July 
18, for concurrence in House Amendment No. 1, upon third reading. 

Bills on the Calendar for today, July 17, are taken up and disposed of as follows: 

S.B. 1447 (Committee Substitute No. 2), a bill to repeal the annexation ordinance 
of the Town of Andrews, upon third reading. 

The Committee Substitute bill No. 2 passes its third reading by roll-call vote, ayes 
46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Kin- 
caid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, 
Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, 
Speed, Staton, Taft, Tally, Walker, Wilson, and Winner— 46. 

Voting in the negative: None. 

The Committee Substitute bill No. 2 is ordered, without objection, sent to the House 
of Representatives by special messenger. 

H.B. 2262, a bill to allow the Town of Richfield to be included within a rural fire 
protection district, upon third reading. 

On motion of Senator Conder the bill is postponed indefinitely. 

H.B. 2276, a bill to allow the Board of Commissioners of Macon County to call an 
election within fire districts created under a local act to give voters the choice either to 



July 17, 1990 



252 SENATE JOURNAL [Second Session 

impose a minimum fee under that local act or to convert the district to a rural fire 
protection district, upon third reading. 

Senator Winner offers a motion that consideration of the bill be postponed until 
tomorrow, July 18, which motion fails to prevail. 

Senator Winner consequently offers a motion that the bill be recommitted to the 
Finance Committee. 

Senator Kaplan offers a motion that the bill be temporarily displaced, with Senator 
Winner's motion pending, which motion prevails. The Chair orders the meausre tem- 
porarily displaced. 

H.B. 2280, a bill to allow Dare County to establish a special leash law district, 
apply a leash law within that district, and levy a tax in that district for enforcement of 
the leash law, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 41, noes 2, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Daniel, Ezzell, Guy, Hardin, Harris, Hunt of Durham, 
Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, 
Parnell, Plyler, Rauch, Raynor, Richardson, Roy all. Sands, Shaw, Simpson, Smith, 
Soles, Speed, Staton, Taft, Tally, Walker, Ward, Wilson, and Winner— 41. 

Voting in the negative: Senators Barker and Sherron — 2. 

The bill is ordered enrolled. 

S.B. 1383 (House Committee Substitute), a bill enabling the County of Macon to 
establish an airport authority for the operation and maintenance of airport facilities in 
the County of Macon for the citizens of Macon County and vicinity and to allow the 
Rutherford Airport Authority to lease land to the State of North Carolina for period not 
to exceed thirty years, for concurrence in the House Committee Substitute bill, upon 
third reading. 

The Senate concurs in the House Committee Substitute bill, on its third reading by 
roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Daniel, Daughtry, Ezzell, Goldston, 
Guy, Hardin, Harris, Hunt of Durham, Kaplan, Kincaid, Lee, Martin of Pitt, Martin 
of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, Richardson, 
Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Taft, Tally, 
Walker, Ward, Wilson, and Winner — 46. 

Voting in the negative: None. 

The House Committee Substitute bill is ordered enrolled. 

S.B. 1414 (House Committee Substitute), a bill to authorize Burke, Gaston, Lee, 
Lenoir, and Washington Counties to collect certain fees in the same manner as ad 
valorem taxes, for concurrence in the House Committee Substitute bill, upon second 
reading. 

The Senate concurs in the House Committee Substitute bill on its second reading by 
roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Daniel, Daughtry, Ezzell, Goldston, 
Guy, Hardin, Harris, Hunt of Durham, Kaplan, Kincaid, Lee, Martin of Pitt, Martin 
of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, Richardson, 
Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Taft, Tally, 
Walker, Ward, Wilson, and Winner — 46. 

Voting in the negative: None. 

The measure is ordered placed on the Calendar for tomorrow, July 18, for concur- 
rence in the House Committee Substitute bill, upon third reading. 

S.B. 1360 (Committee Substitute No. 3), a bill to reinstate sales tax on certain 
vehicles and vehicle parts, to modify the highway use tax and the alternate gross 



July 17, 1990 



1990] SENATE JOURNAL 253 

receipts tax, to increase certain fees to offset the loss of revenue resulting from the 
modifications to the highway use tax, and to make technical changes in the laws af- 
fected by the Highway Trust Fund, upon third reading. 

The Committee Substitute bill No. 3 passes its third reading by roll-call vote, ayes 
45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Daniel, Daughtry, Ezzell, Goldston, 
Hardin, Harris, Hunt of Durham, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, Richardson, 
Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Taft, Tally, 
Walker, Ward, Wilson, and Winner — 45. 

Voting in the negative: None. 

The Committee Substitute bill No. 3 is ordered, without objection, sent to the House 
of Representatives by special messenger. 

S.B. 1559 (Committee Substitute No. 2), a bill to support public health programs 
and activities through an annual fee for food and lodging facilities, as amended, upon 
third reading. 

On motion of Senator Rauch the Committee Substitute bill No. 2, as amended, is 
taken from the Calendar for today (43-3) and placed on the Calendar for tomorrow, 
July 18. 

H.B. 2338, a bill to authorize the construction and the financing, without appro- 
priations from the General Fund, of certain capital improvements projects of the con- 
stituent institutions of the University of North Carolina and the University of North 
Carolina Hospitals at Chapel Hill, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, 
Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Kincaid, Lee, 
Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, 
Raynor, Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Staton, Taft, Tally, Walker, Ward, Wilson, and Winner— 47. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 2356, a bill to amend the authorization for a wholly self-liquidating project 
for the University of North Carolina at Greensboro that was originally enacted by 
Chapter 806 of the 1987 Session Laws and was amended by Chapter 995 of the 1987 
Session Laws, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, 
Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Kincaid, Lee, 
Martin of Pitt, Martin of Guilford, Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, 
Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, 
Taft, Tally, Walker, Ward, Wilson, and Winner— 46. 

Voting in the negative: None. 

The bill is ordered enrolled. 

S.B. 1567, a bill to clarify the size of the site selected as the preferred site for the 
low-level radioactive waste disposal facility, and to impose a tax for the privilege of 
using a low-level radioactive waste facility operated pursuant to Chapter 104G of the 
General Statutes, as amended, upon second reading, with a point of order as to eligi- 
bility under advisement. 

The Chair rules the bill, as amended, eligible for consideration under Res. 34. 

The bill, as amended, passes its second reading by roll-call vote, ayes 46, noes 1, 
as follows: 



July 17, 1990 



254 SENATE JOURNAL [Second Session 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Kin- 
caid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Parnell, Plyler, 
Rauch, Raynor, Richardson, Roy all. Sands, Shaw, Sherron, Simpson, Smith, Soles, 
Speed, Staton, Taft, Tally, Walker, Ward, and Wilson— 46. 

Voting in the negative: Senator Winner— 1. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, July 18, for 
further consideration, upon third reading. 



S.B. 1509 (House Committee Substitute), a bill to authorize water column leases 
for aquaculture within recognized shellfish franchises and to delay action to terminate 
shellfish cultivation leases for one year, for concurrence in the House Committee Sub- 
stitute bill, upon third reading. 

The Senate concurs in the House Committee Substitute bill, on its third reading by 
roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, 
Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Kincaid, Lee, 
Martin of Pitt, Martin of Guilford, Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, 
Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, 
Taft, Tally, Walker, Ward, Wilson, and Winner— 46. 

Voting in the negative: None. 

The House Committee Substitute bill is ordered enrolled. 



S.B. 1365 (House Committee Substitute), a bill to repeal the inheritance tax ex- 
emption for federal retirement benefits, thereby making the tax treatment for federal 
retirement benefits the same as for State retirement benefits, and to authorize the Leg- 
islative Research Commission to study the inheritance tax exemptions, for concur- 
rence in the House Committee Substitute bill, upon second reading. 

The Senate concurs in the House Committee Substitute bill on its second reading by 
roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Daniel, Daughtry, Ezzell, Goldston, Guy, Har- 
din, Harris, Johnson of Cabarrus, Kaplan, Kincaid, Martin of Pitt, Martin of Guil- 
ford, Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, 
Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Taft, Tally, Ward, Wilson, 
and Winner — 42. 

Voting in the negative: None. 

The measure is ordered placed on the Calendar for tomorrow, July 18, for concur- 
rence in the House Committee Substitute bill, upon third reading. 



S.B. 155 (House Committee Substitute), a bill to require certain municipalities 
which violate the conditions of court orders regarding the discharge of water from a 
wastewater treatment plant operated by such municipalities to pay full amount of the 
penalties specified in such orders, to amend other laws relating to effluent or emission 
standards and limitations, and to require that certain municipalities notify downstream 
units of local government whenever their wastewater treatment plant exceeds applica- 
ble effluent limitations or when untreated or partially treated wastewater is diverted so 
as to bypass the wastewater treatment plant, for concurrence in the House Committee 
Substitute bill. 

The Senate concurs in the House Committee Substitute bill (44-0) and the measure 
is ordered enrolled. 



July 17, 1990 



1990] - SENATE JOURNAL 255 

S.B. 810 (House Committee Substitute), a bill to amend the North Carolina Tech- 
nological Development Authority's enabling legislation regarding the Incubator Facili- 
ties Program, for concurrence in the House Committee Substitute bill. 

The Senate concurs in the House Committee Substitute bill (41-0) and the measure 
is ordered enrolled. 

S.B. 1013 (House Committee Substitute), a bill to establish a separate and unique 
law enforcement officer oath of office, for concurrence in the House Committee Sub- 
stitute bill. 

The Senate concurs in the House Committee Substitute bill (44-0) and the measure 
is ordered enrolled. 

S.B. 1378 (Committee Substitute), a bill to establish a moratorium on the transfer 
of waters, for concurrence in House Amendments No. 1 and No. 2. 

The Senate concurs in House Amendments No. 1 and No. 2, (45-0) and the Com- 
mittee Substitute bill is ordered enrolled. 

S.B. 1506 (House Committee Substitute), a bill to allow judges to use house arrest 
as a condition of special probation in certain DWI cases, and to provide that certain 
misdemeanants may be paroled and placed under house arrest, for concurrence in the 
House Committee Substitute bill. 

On motion of Senator Johnson of Cabarrus the House Committee Substitute bill is 
taken from the Calendar for today and is placed on the Calendar for tomorrow, July 
18, for consideration. 

H.B. 2276, a bill to allow the Board of Commissioners of Macon County to call an 
election within fire districts created under a local act to give voters the choice either to 
impose a minimum fee under that local act or to convert the district to a rural fire 
protection district, upon third reading, temporarily displaced earlier, with the motion 
to recommit the measure to the Finance Committee pending. 

Senator Carpenter offers a motion to postpone further consideration until tomorrow, 
July 18, which motion the Chair rules out of order. 

Senator Carpenter consequently offers a motion to reconsider the vote by which the 
motion of Senator Winner to postpone further consideration until tomorrow, July 18, 
failed to prevail, which motion prevails, and the question becomes the motion to post- 
pone further consideration until tomorrow, July 18.. 

With unanimous consent the Chair orders the measure placed upon the Calendar for 
tomorrow, July 18, for further consideration, upon third reading. 

WITHDRAWAL FROM CALENDAR 

S.B. 1380, a bill to provide for a strawberry assessment. 

On motion of Senator Murphy, the rules are suspended, and the bill is taken from 
the Calendar for tomorrow and placed before the Senate for immediate consideration, 
upon second reading. 

On motion of Senator Rauch, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading by roll-call vote ayes 47, noes 0, 
as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, EzzeH, 
Goldston, Guy, Hardin, Harris, Hunt of Durham , Johnson of Cabarrus, Kaplan, Kin- 
caid, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, 
Rauch, Raynor, Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, 
Speed, Staton, Taft, Tally, Walker, Ward, Wilson, and Winner— 47. 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for tomorrow, July 18, for further 
consideration, upon third reading. 



July 17, 1990 



256 SENATE JOURNAL [Second Session 

CALENDAR (Continued) 

S.B. 1624, a bill to require people to be licensed to practice electrology, temporarily 
displaced earlier. 

The bill passes its second (43-0) and third readings and is ordered, without objec- 
tion, sent to the House of Representatives by special messenger. 

RECALL TO CALENDAR 

H.B. 2353 (Committee Substitute No. 2), a bill to establish fees for processing 
applications for permits and to improve permit processing and compliance under the 
Coastal Area Management Act. 

On motion of Senator Staton, the Committee Substitute bill No. 2, with unanimous 
consent, is returned from the Calendar of July 18 and is placed before the Senate for 
immediate consideration, upon second reading. 

The Committee Substitute bill No. 2 passes its second reading by roll-call vote, ayes 
46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Kaplan, Kincaid, Martin of Pitt, 
Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, 
Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, 
Taft, Tally, Walker, Ward, Wilson, and Winner— 46. 

Voting in the negative: None. 

The Committee Substitute bill No. 2 is ordered placed on the Calendar for tomor- 
row, July 18, for further consideration, upon third reading. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

S.B. 1481 (Committee Substitute), a bill to authorize Pender County and Surf City 
to collect certain fees in the same manner as ad valorem taxes, for concurrence in the 
House Committee Substitute bill, which changes the title, upon concurrence, to read 
S.B. 1481 (House Committee Substitute), a bill to authorize Haywood and Pender 
Counties and Surf City to collect certain fees in the same manner as ad valorem taxes. 

Referred to Finance Committee. 

S.B. 1434, a bill to allow Duplin County to convey certain property in exchange for 
other property, for concurrence in the House Committee Substitute bill, which changes 
the title, upon concurrence, to read S.B. 1434 (House Committee Substitute), a bill 
to allow Duplin County to convey certain property in exchange for other property, to 
allow the Town of Warsaw to extend its extraterritorial zoning over an additional area, 
and to eliminate the requirement of a public hearing by the County of Duplin prior to 
an already executed contract. 

Referred to Local Government and Regional Affairs Committee. 

S.B. 1363, a bill to modify the time allowed for filing certain property tax appeals 
and to make technical corrections to the property tax statutes, for concurrence in the 
House Committee Substitute bill, which changes the title, upon concurrence, to read 
S.B. 1363, (House Committee Substitute), a bill to modify the time allowed for filing 
certain property tax appeals, to make the penalty for submitting a bad check in pay- 
ment of property taxes the same as for submitting a bad check in payment of other 
taxes, and to make technical corrections to the property tax statutes. 

Referred to Finance Committee. 



July 17, 1990 



1990] - SENATE JOURNAL 257 

H.B. 2190, a bill to authorize Anson and Montgomery Counties to collect certain 
fees in the same manner as ad valorem taxes. 
Referred to Finance Committee. 

H.B. 2405 (Committee Substitute), a bill to consolidate, clarify, and improve the 
statutes relating to railroad/motor vehicle safety. 
Referred to Transportation Committee. 

S.B. 113 (Committee Substitute), a bill to clarify the authority of counties and cit- 
ies to adopt ordinances regulating local solid waste management, for concurrence in 
the House Committee Substitute bill, which changes the title, upon concurrence, to 
read S.B. 113 (House Committee Substitute), a bill to clarify the authority of counties 
and cities to adopt ordinances regulating local solid waste management, to clarify a 
limitation on the authority of counties to levy solid waste disposal fees, and to clarify 
the definition of municipal solid waste as it applies to municipal solid waste reduction 
goals. 
;. Referred to Environment and Natural Resources Committee. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.B. 1450 House of Representatives 

July 17, 1990 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur in House 
Amendment No. 1 to SB. No. 1450, A BILL TO BE ENTITLED AN ACT RELAT- 
ING TO THE MANNER OF FILLING VACANCIES IN THE OFFICE OF REGIS- 
TER OF DEEDS OF ASHE, SURRY, WATAUGA, GASTON, AND LINCOLN 
COUNTIES, the Speaker has appointed as conferees on the part of the House, Repre- 
sentatives Dawkins, Lail, Rhyne and Abernethy to act with a like committee on the 
part of the Senate to the end that the differences existing between the two bodies may 
be adjusted. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 

APPOINTMENT OF CONFERENCE COMMITTEE 

H.B. 1223 (Senate Committee Substitute), a bill to provide additional time for the 
development of water supply watershed classifications and for the classification of ex- 
isting water supply watersheds and to delay the development of new sanitary landfills 
for the disposal of nonhazardous solid waste in water supply watersheds for which a 
petition for reclassification is pending until the classification of such watersheds is 
completed. 

Pursuant to the message received from the House of Representatives on July 13 re- 
questing conferees. Senator Daniel offers a motion that the Senate do appoint confer- 
ees, which motion prevails. The President Pro Tempore appoints Senators Daniel 
(Chairman), Barker, Ballance, Cochrane, Smith, and Speed as conferees on the part 
of the Senate to resolve the differences arising between the two Bodies and a message 
is ordered sent to the House of Representatives informing that Honorable Body of such 
action. 



July 17, 1990 



Z5S SENATE JOURNAL [Second Session 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H.B. 1205 House of Representatives 

July 17, 1990 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House fails to concur in the Senate Comm. Sub. to HB. No. 1205, A BILL TO 
BE ENTITLED AN ACT TO REQUIRE THE STATE BOARD OF COSMETIC 
ART EXAMINERS TO ISSUE A TEMPORARY EMPLOYMENT PERMIT TO 
PERSONS WHO HAVE APPLIED AND ARE QUALIFIED TO TAKE THE EX- 
AMINATION FOR APPRENTICE COSMETOLOGIST, REGISTERED COSME- 
TOLOGIST, OR REGISTRERED MANICURIST, and requests conferees. The 
Speaker has appointed Representatives Craven, Easterling, and Tart on the part of the 
House to confer with a like committee appointed by the Senate to the end that the 
differences arising may be adjusted. 

Respectfully, - / 

S/Grace A. Collins 
Principal Clerk 

Senator Harris offers a motion that the Senate do appoint conferees, which motion 
prevails. The President Pro Tempore appoints Senators Harris (Chairman), Speed, 
Royall, and Cochrane as conferees on the part of the Senate to resolve the differences 
arising between the two Bodies and a message is ordered sent to the House of Repre- 
sentatives informing that Honorable Body of such action. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

S.B. 1426 House of Representatives 

July 17, 1990 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the Speaker has dismissed Representative Woodard as a conferee, due to illness, and 
has appointed Representative Ann Barnes as conferee on the House Comm. Sub. to 
SB No. 1426, A BILL TO BE ENTITLED AN ACT TO MODIFY THE CURRENT 
OPERATIONS APPROPRIATIONS FOR NORTH CAROLINA FOR THE 1990-91 
FISCAL YEAR AND TO MAKE OTHER CHANGES IN THE BUDGET OPERA- 
TION OF THE STATE, 

' ' Respectfully, 

^ S/Grace A. Collins 

Principal Clerk 

Senator Barnes, President Pro Tempore, announces additional conferees on the part 
of the Senate and appoints Senator Martin of Guilford and Senator Ward. A message 
is ordered sent to the House of Representatives informing that Honorable Body of such 
action. 

On motion of Senator Barnes, seconded by Senator Sherron, the Senate adjourns at 
3:25 P.M. to meet tomorrow, July 18, at 2:00 P.M. 



July 17, 1990 



1990] ,1 SENATE JOURNAL 259 

> ONE HUNDRED SIXTY-FIFTH DAY 

Senate Chamber, 
Wednesday, July 18, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend H. H. Murrill, Minister of Calvary Baptist 
Church, Ahoskie, as follows: 

"Lord our God, we remember Thy promise that wheresoever two or three are gath- 
ered together in Thy Name, there Thou art in the midst of them. We claim that 
promise today, and pray that each one of us may be aware of Thy presence, for Thou 
knowest our needs and how inadequate we feel ourselves to be in the presence of world 
problems and the challenges of this hour. If Thou wilt help us, o Lord, then we shall 
be better than we are, wiser than we know, and stronger than we dream. 

"In this prayer, we bring unto Thee the Members of this Body, its officers and its 
servants, for Thy blessing; men who feel the weight of responsibility and the need of 
divine guidance; men who often are sorely tempted and who need the support of Thy 
grace. Bestow upon them the courage to do the right as Thou hast given them to see 
the right, and make it clear unto us all. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
July 17, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for today to Senator Johnson of Wake, who 
is attending the National Conference of Insurance Legislators. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Soles for the Judiciary II Committee: 

H.B. 950 (Committee Substitute), a bill to increase the fee for service of process in 
civil and criminal actions, with an unfavorable report as to Committee Substitute bill, 
but favorable as to Senate Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended, and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration and on his fur- 
ther motion the Senate Committee Substitute bill is adopted. 

On motion of Senator Soles, the Senate Committee Substitute bill is placed on the 
Calendar for tomorrow, July 19, for further consideration. 

H.B. 2394 (Committee Substitute), a bill to provide for the filing of notices of 
liens, certificates, and other notices affecting various federal liens in the same manner 
as notices of federal tax liens, with an unfavorable report as to Committee Substitute 
bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended, and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration and on his fur- 
ther motion the Senate Committee Substitute bill is adopted. 

On motion of Senator Soles, the Senate Committee Substitute bill is placed on the 
Calendar for tomorrow, July 19, for further consideration. 

WITHDRAWAL FROM COMMITTEE 

H.B. 1269 (Senate Committee Substitute), a bill to provide that court orders and 
written agreements regarding medical support for minor children are valid 



July 18, 1990 



260 SENATE JOURNAL [Second Session 

authorization to insurers to release information and process claims and to provide for 
review of the presumptive child support guidelines. 

On motion of Senator Soles, the rules are suspended, and the Senate Committee 
Substitute bill is taken from the Appropriations Committee and is recommitted to 
the Judiciary II Committee. 



COMMITTEE REPORTS (Continued) 

By Senator Rauch for the Finance Committee: 

S.B. 1363 (House Committee Substitute), a bill to modify the time allowed for 
filing certain property tax appeals, to make the penalty for submitting a bad check in 
payment of property taxes the same as for submitting a bad check in payment of other 
taxes, and to make technical corrections to the property tax statutes, with a favorable 
report as to concurrence. 

S.B. 1481 (House Committee Substitute), a bill to authorize Haywood and Pender 
Counties and Surf City to collect certain fees in the same manner as ad valorem taxes, 
with a favorable report as to concurrence. 

H.B. 806, a bill to authorize the City of Raleigh to regulate stormwater, with a 
favorable report. 

H.B. 2190, a bill to authorize Anson and Montgomery Counties to collect certain 
fees in the same manner as ad valorem taxes, with a favorable report. 

H.B. 2241 (Committee Substitute), a bill revising and consolidating the Charter of 
Bessemer City, with a favorable report. 

H.B. 2242 (Committee Substitute), a bill to annex certain described property into 
the corporate limits of the Town of Long View, with a favorable report. 



CONFERENCE REPORT 
H.B. 2081 

Senator Rauch for the Conferees appointed to consider the differences arising be- 
tween the Senate and the House of Representatives upon H.B. 2081, a bill to provide 
that the City of Gastonia may, by unanimous vote of the full membership of the City 
Council, increase the vehicle tax levied in the City from five dollars to no more than 
fifteen dollars, submits the following Report: 

To the President of the Senate and the v. 

Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on A BILL TO BE ENTITLED AN ACT TO IN- 
CREASE THE MAXIMUM VEHICLE TAX THAT CAN BE LEVIED IN THE 
CITY OF GASTONIA FROM FIVE DOLLARS TO FIFTEEN DOLLARS, wish to 
report as follows: 

The Senate recedes from Senate Amentment #1 . 
The House agrees to the same. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 



July 18, 1990 



1990] : : ' SENATE JOURNAL 261 

This the day of 

S/Marshall A. Rauch, Chairman S/J. Vernon Abernethy, Chairman 

S/Ollie Harris S/W. W. Dickson 

S/Helen Rhyne Marvin S/Doris L. Lail 

S/Johnathan L. Rhyne, Jr. 

Conferees on the part Conferees on the part of the 

of the Senate House of Representatives 

The Conference Report which changes the title upon adoption is held to be material, 
and the submission of the Report constitutes the first reading of the measure. 

The Conference Report remains on the Calendar for tomorrow, July 19, for adop- 
tion, upon second reading. 



REPORTS OF COMMITTEES (Continued) 
By Senator Winner for the Rules and Operation of the Senate Committee: 

S.B. 1569, a bill to make appointments to public office upon the recommendation 
of the President Pro Tempore of the Senate, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Winner, the rules are suspended, and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration and on his further 
motion the Committee Substitute bill is adopted. 

On motion of Senator Winner, the Committee Substitute bill is placed on the Calen- 
dar for tomorrow, July 19, for further consideration. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Senator Odom offers a motion that Rule 40 be suspended to allow the introduction 
of the following joint resolution, which motion prevails by a two-thirds majority vote. 

By Senator Odom: 

S.J.R. 1625, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to make the State income tax refund period 
the same as the federal income tax refund period. 

On motion of Senator Odom, the joint resolution remains before the Senate for im- 
mediate consideration. 

The joint resolution passes its second (42-0) and third readings and is ordered, 
without objection, sent to the House of Representatives by special messenger. 

• ), ' 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 

S.B. 155 (House Committee Substitute), an act to require certain municipalities 
which violate the conditions of court orders regarding the discharge of water from a 
wastewater treatment plant operated by such municipalities to pay full amount of the 
penalties specified in such orders, to amend other laws relating to effluent or emission 
standards and limitations, and to require that certain municipalities notify downstream 
units of local government whenever their wastewater treatment plant exceeds applica- 
ble effluent limitations or when untreated or partially treated wastewater is diverted so 
as to bypass the wastewater treatment plant. (Ch. 951) 



July 18, 1990 



262 SENATE JOURNAL [Second Session 

S.B. 810 (House Committee Substitute), an act to amend the North Carolina 
Technological Development Authority's enabling legislation regarding the Incubator 
Facilities Program. (Ch. 952) 

S.B. 1013 (House Committee Substitute), an act to establish a separate and unique 
law enforcement officer oath of office. (Ch. 953) 

S.B. 1378 (Committee Substitute), an act to establish a moratorium on the transfer 
of waters. (Ch. 954) 

S.B. 1383 (House Committee Substitute), an act enabling the County of Macon to 
establish an airport authority for the operation and maintenance of airport facilities in 
the County of Macon for the citizens of Macon County and vicinity and to allow the 
Rutherford Airport Authority to lease land to the State of North Carolina for a period 
not to exceed thirty years. (Ch. 955) 

S.B. 1384, an act to redefine the corporate boundaries of the Town of Stokesdale. 
(Ch. 956) 

S.B. 1419, an act to revise and consolidate the Charter of the City of Reidsville. 
(Ch. 957) 

S.B. 1509 (House Committee Substitute), an act to authorize water column leases 
for aquaculture within recognized shellfish franchises and to delay action to terminate 
shellfish cultivation leases for one year. (Ch. 958) 

S.B. 1616, an act to alter the manner for selecting drainage commissioners and to 
provide notice prior to assessment. (Ch. 959) 

S.B. 1617, an act to provide that the governing body of a taxing unit may delay the 
accrual of interest on certain unpaid property taxes. (Ch. 960) 

H.B. 2197 (Senate Committee Substitute), an act to repeal an annexation of the 
Town of Leland. (Ch. 961) 

H.B. 2227 (Senate Committee Substitute), an act to provide for acquisition of 
right-of-way by the Department of Transportation for location and relocation of utility 
infrastructure and to clarify the regulatory authority of the Utilities Commission with 
regard to natural gas. (Ch. 962) 

H.B. 2280, an act to allow Dare County to establish a special leash law district, 
apply a leash law within that district, and levy a tax in that district for enforcement of 
the leash law. (Ch. 963) 

H.B. 2338, an act to authorize the construction and the financing, without appro- 
priations from the General Fund, of certain capital improvements projects of the con- 
stituent institutions of the University of North Carolina and the University of North 
Carolina Hospitals at Chapel Hill. (Ch. 965) 

H.B. 2350, an act to conform the Social Service Statutes with the Federal Job Op- 
portunities and Basic Skills Training Program and to preserve State funds. (Ch. 966) 

H.B. 2356, an act to amend the authorization for a wholly self-liquidating project 
for the University of North Carolina at Greensboro that was originally enacted by 
Chapter 806 of the 1987 Session Laws and was amended by Chapter 995 of the 1987 
Session Laws. (Ch. 967) 



July 18, 1990 



V 



1990] J SENATE JOURNAL 263 

CALENDAR 

Bills on the Calendar are taken up and disposed of as follows: 

S.B. 1559 (Committee Substitute No. 2), a bill to support public health programs 
and activities through an annual fee for food and lodging facilities, as amended, upon 
third reading. 

Without objection, on motion of Senator Harris, the Committee Substitute bill No. 
2 is taken from its regular order of business and on his further motion consideration of 
the Committee Substitute bill No. 2 is postponed until Friday, July 20. 

WITHDRAWAL FROM COMMITTEE 

H.B. 2129 (Committee Substitute), a bill relating to Cabarrus Memorial Hospital. 

On motion of Senator Sands, the rules are suspended, and the Committee Substitute 
bill is taken from the Local Government and Regional Affairs Committee and 
is placed before the Senate for immediate consideration. 

The Committee Substitute bill passes its second (45-0) and third readings and is 
ordered enrolled. 

CALENDAR (Continued) 

H.B. 2276, a bill to allow the Board of Commissioners of Macon County to call an 
election within fire districts created under a local act to give voters the choice either to 
impose a minimum fee under that local act or to convert the district to a rural fire 
protection district, upon third reading. 

Without objection, on motion of Senator Carpenter, the Committee Substitute bill is 
temporarily displaced. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

S.B. 1337 (House Committee Substitute), a bill to make various technical amend- 
ments to the General Statutes and to the Session Laws and for other purposes, for 
concurrence in the House Committee Substitute bill. 

Referred to Constitution Committee. 

S.B. 1499 (House Committee Substitute), a bill to provide sentencing judges with 
the discretion to suspend a sentence to a term of imprisonment and place a youthful 
offender on probation, with the condition that the offender complete the IMPACT 
program, for concurrence in the House Committee Substitute bill. 

Recommitted to Judiciary I Committee. 



CALENDAR (Continued) 

H.B. 1028 (Committee Substitute), a bill to revise the election of presidential elec- 
tors. 

Without objection, on motion of Senator Taft, the Committee Substitute bill is taken 
up out of its regular order of business, and on his further motion, the measure is 
recommitted to the Election Laws Committee. 

H.B. 2136 (Committee Substitute), a bill to allow Durham County to create a spe- 
cial projects district as a separate political subdivision within the county for the 



July 18, 1990 



264 SENATE JOURNAL [Second Session 

purpose of funding joint projects undertaken through interlocal cooperation agreements 
between the County of Durham, the City of Durham, and the Town of Chapel Hill to 
ensure proportional equality of city and county taxpayer participation and to allow an 
extension of time for Durham County Hospital Corporation to file an application for a 
sales and use tax refund, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 41, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Carpenter, Chalk, 
Cochrane, Conder, Daughtry, Ezzell, Goldston, Guy, Hardin, Harris, Hunt of Dur- 
ham, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Murphy, 
Odom, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, Sherron, 
Simpson, Smith, Soles, Speed, Staton, Swain, Taft, Tally, Walker, Ward, and Win- 
ner — 41. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, July 
19, for further consideration, upon third reading. 

S.B. 1414 (House Committee Substitute), a bill to authorize Burke, Gaston, Lee, 
Lenoir, and Washington Counties to collect certain fees in the same manner as ad 
valorem taxes, for concurrence in the House Committee Substitute bill, upon third 
reading. 

The Senate concurs in the House Committee Substitute bill on its third reading by 
roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Block, Carpenter, 
Chalk, Cochrane, Conder, Daughtry, Ezzell, Goldston, Guy, Hardin, Harris, Hunt of 
Durham, Johnson of Cabarrus, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guil- 
ford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, 
Sands, Sherron, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, Tally, Walker, 
Ward, Wilson, and Winner — 44. 

Voting in the negative: None. 

The House Committee Substitute bill is ordered enrolled. 

H.B. 2278, a bill to modify the school funding procedures for Robeson County and 
to appoint members of the Board of Education for the public schools of Robeson 
County. 

The bill passes its second and third readings and is ordered enrolled. 

S.B. 1380, a bill to provide for a strawberry assessment, as amended, upon third 
reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 43, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Block, Carpenter, 
Chalk, Cochrane, Conder, Daughtry, Ezzell, Goldston, Guy, Hardin, Harris, Hunt of 
Durham, Johnson of Cabarrus, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guil- 
ford, Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, 
Sherron, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, Tally, Walker, Ward, 
Wilson, and Winner — 43. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and on motion of Senator Murphy, 
without objection, sent to the House of Representatives by special messenger. 

S.B. 1525, a bill to authorize the construction and the financing, without appro- 
priations from the General Fund, of certain capital improvements projects of the con- 
stituent institutions of the University of North Carolina and the University of North 
Carolina Hospitals at Chapel Hill, upon third reading. 

On motion of Senator Royall, consideration of the bill is postponed until tomorrow, 
July 19. 



July 18, 1990 



1990] SENATE JOURNAL 265 

S.B. 1526, a bill to amend the authorization for a wholly self-liquidating project for 
the University of North Carolina at Greensboro that was originally enacted by Chapter 
806 of the 1987 Session Laws and was amended by Chapter 995 of the 1987 Session 
Laws, upon third reading. 

On motion of Senator Royall, consideration of the bill is postponed until tomorrow, 
July 19. 

S.B. 1567, a bill to clarify the size of the site selected as the preferred site for the 
low-level radioactive waste disposal facility, and to impose a tax for the privilege of 
using a low-level radioactive waste facility operated pursuant to Chapter 104G of the 
General Statutes, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 45, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, Car- 
penter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, 
Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Kincaid, Lee, Martin of Pitt, 
Martin of Guilford, Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, Richardson, 
Royall, Sands, Shaw, Sherron, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, 
Walker, Ward, Wilson, and Winner — 45. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and on motion of Senator Conder, with- 
out objection, sent to the House of Representatives by special messenger. 

H.B. 2067 (Committee Substitute), a bill to update the reference to the Internal 
Revenue Code used to determine certain taxable income and tax exemptions, upon 
third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 44, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, Car- 
penter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, 
Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Kincaid, Lee, Martin of Pitt, 
Martin of Guilford, Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, Richardson, 
Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Swain, Tally, Walker, 
Ward, Wilson, and Winner — 44. 

Voting in the negative: None. 

The Committee Substitute bill is ordered enrolled. 

H.B. 2138 (Committee Substitute), a bill to provide transitional adjustments relat- 
ing to Subchapter S Corporations, to correct an error that inadvertently disallowed 
deductions for some mortgage interest payments, to provide additional tax relief for 
taxpayers with dependents who are permanently and totally disabled, to allow a tax 
credit for State income taxes paid on Government Retirement Benefits received in 
1988, to provide that an extension of time for filing an income or franchise tax return 
is not an extension of time for paying the tax, and to reduce the threshold for pay- 
ments of estimated corporate income tax, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 45, 
noes 1, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Block, Carpenter, 
Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, Harris, 
Hunt of Durham, Johnson of Cabarrus, Kaplan, Kincaid, Lee, Martin of Pitt, Martin 
of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, Richardson, 
Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Swain, Tally, 
Walker, Ward, Wilson, and Winner— 45. 

Voting in the negative: Senator Barker— 1. 

The Committee Substitute bill is ordered enrolled. 



July 18, 1990 



266 SENATE JOURNAL [Second Session 

H.B. 2258 (Committee Substitute), a bill to levy a one-time assessment on insurers 
that support the Mutual Workers' Compensation Security Fund, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 46, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, Car- 
penter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, 
Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Kincaid, Lee, Martin of Pitt, 
Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, 
Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, 
Swain, Tally, Walker, Ward, Wilson, and Winner— 46. 

Voting in the negative: None. 

The Committee Substitute bill is ordered enrolled. 

H.B. 2353 (Committee Substitute No. 2), a bill to estabhsh fees for processing 
applications for permits and to improve permit processing and compliance under the 
Coastal Area Management Act, upon third reading. 

The Committee Substitute bill No. 2 passes its third reading by roll-call vote, ayes 
41, noes 1, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Carpenter, Chalk, 
Cochrane. Conder, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, Harris, Hunt 
of Durham, Johnson of Cabarrus, Kaplan, Kincaid, Martin of Pitt, Martin of Guil- 
ford, Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, Richardson, Sands, Shaw, 
Sherron, Simpson, Smith, Soles, Speed, Staton, Swain, Tally, Walker, Ward, 
Wilson, and Winner — 41. 

Voting in the negative: Senator Basnight — 1. 

The Committee Substitute bill No. 2 is ordered enrolled. 

H.B. 2398 (Committee Substitute), a bill to provide for the licensure of crematory 
operators and to establish the crematory authority within the Board of Mortuary Sci- 
ence, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 46, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, 
Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Kincaid, Lee, 
Martin of Pitt, Martin of Guilford, Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, 
Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, 
Swain, Tally, Walker, Ward, Wilson, and Winner— 46. 

Voting in the negative: None. 

The Committee Substitute bill is ordered enrolled. 

S.B. 1575 (Committee Substitute), a bill to increase the fee for filing a corpora- 
tion's annual report with the Secretary of State, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 45, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Carpenter, Chalk, Cochrane, Daniel, Daughtry, Ezzell, Goldston, Guy, Har- 
din, Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Kincaid, Lee, Martin of 
Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Rauch, Raynor, 
Richardson, Royall, Sands, Shaw, Simpson, Smith, Soles, Speed, Staton, Swain, 
Taft, Tally, Walker, Ward, Wilson, and Winner— 45. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, July 
19, for further consideration, upon third reading. 

H.B. 2207 (Senate Committee Substitute), a bill to remove the obsolete sales tax 
exemption for ice, upon second reading. 

Senator Barker offers Amendment No. 1 which is adopted (47-0). 



July 18, 1990 



1990] SENATE JOURNAL 267 

The Senate Committee Substitute bill, as amended, passes its second reading by 
roll-call vote, ayes 45, noes 1, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Carpenter, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, Guy, Har- 
din, Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Kincaid, Lee, Martin of 
Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, 
Royall, Sands, Sherron, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, Tally, 
Walker, Ward, Wilson, and Winner— 45. 

Voting in the negative: Senator Shaw — 1. 

The Senate Committee Substitute bill, as amended, is ordered placed on the Calen- 
dar for tomorrow, July 19, for further consideration, upon third reading. 

H.B. 2213 (Committee Substitute), a bill clarifying the power of cities and counties 
to collect charges for the use of stormwater utilities, to give water and sewer authorities 
the power to operate and finance storm drainage systems, to direct the infrastructure 
study Commission to study whether each county needs multiple stormwater drainage 
systems, and to fund dispute resolution programs, upon second reading. 

On motion of Senator Rauch, Committee Amendment No. 1 is adopted. 

Senator Winner offers Amendment No. 2 which is adopted (41-1), The Chair rules 
Amendment No. 2 material and adoption constitutes the first reading of the measure. 

The Committee Substitute bill, as amended, is ordered placed on the Calendar for 
tomorrow, July 19, for further consideration, upon second reading. 

HoB. 2321 (Committee Substitute), a bill to continue the Agricultural Finance 
Authority, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 43, 
noes 2, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Conder, Ezzell, Goldston, Guy, Hardin, Harris, Hunt of 
Durham, Johnson of Cabarrus, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guil- 
ford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, Royall, Sands, Shaw, 
Sherron, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, Walker, Ward, 
Wilson, and Winner — 43. 

Voting in the negative: Senators Barker and Daughtry— 2. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, July 
19, for further consideration, upon third reading. 

H.B. 2402 (Committee Substitute), a bill to expand the egg promotion tax to in- 
clude processed eggs, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 45, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, 
Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Kincaid, Lee, 
Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, 
Raynor, Royall, Sands, Sherron, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, 
Walker, Ward, Wilson, and Winner— 45. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, July 
19, for further consideration, upon third reading. 

S.B. 1475 (Committee Substitute No. 2), a bill to set the amounts of the fees col- 
lected for proprietary school licensure and regulation. 

The Committee Substitute bill No. 2 passes its second (34-11) and third readings 
and is ordered sent to the House of Representatives. 



July 18, 1990 



268 SENATE JOURNAL [Second Session 

V ADDITIONAL CONFEREES 

Senator Barnes offers a motion that Rule 57 be suspended to allow more than twelve 
members to sit on the Conference Committee appointed July 11 and July 17 for S.B. 
1426 (House Committee Substitute) , a bill to modify the current operations appropria- 
tions for North Carolina for the 1990-91 fiscal year and to make other changes in the 
budget operation of the State, which motion prevails. 

Senator Barnes appoints Senator Martin of Guilford and Senator Ward as additional 
conferees on the part of the Senate to resolve the differences arising between the two 
Bodies, and a message is ordered sent to the House of Representatives informing that 
Honorable Body of such action. 

CONFERENCE REPORT 
S.B. 1404 (House Committee Substitute) 

Senator Sands, for the Conferees appointed to consider the differences arising be- 
tween the Senate and the House of Representatives on S.B. 1404 (House Committee 
Substitute), a bill to require consent of the Harnett, Haywood, Henderson, Jackson, 
Lee, Madison, Rockingham, Stokes, Swain, and Union County Boards of Commis- 
sioners before land in those Counties may be condemned or acquired by a unit of local 
government outside the County, submits the following Report: , ^ 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on "A BILL TO BE ENTITLED AN ACT TO RE- 
QUIRE CONSENT OF THE HARNETT, HAYWOOD, HENDERSON, JACKSON, 
LEE, MADISON, ROCKINGHAM, STOKES, SWAIN, AND UNION COUNTY 
BOARDS OF COMMISSIONERS BEFORE LAND IN THOSE COUNTIES MAY 
BE CONDEMNED OR ACQUIRED BY A UNIT OF LOCAL GOVERNMENT 
OUTSIDE THE COUNTY", House Committee Substitute, Third Edition Engrossed, 
wish to report as follows: 

The Senate concurs in the House Committee Substitute, third edition engrossed. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. ' " ;? 

This the 18th day of July, 1990. 

S/Sands S/Donald Dawkins 

S/Odom S/Larry T. Justus 

S/Franklin Block S/Liston B. Ramsey 

S/Winner S /Clayton Loflin 

S/Wilson < S/ Peggy Wilson 

Conferees on the part Conferees on the part of the 

of the Senate House of Representatives 

On motion of Senator Sands, the Conference Report is adopted (41-0), and a mes- 
sage is ordered sent to the House of Representatives informing that Honorable Body of 
such action. 



July 18, 1990 



1990] SENATE JOURNAL 269 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.B. 1404 House of Representatives 

House Committee Substitute July 18, 1990 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House has adopted the report of the Conferees on House Comm. Sub. to SB. No. 
1404, A BILL TO BE ENTITLED AN ACT TO REQUIRE CONSENT OF THE 
HARNETT, HAYWOOD, HENDERSON, JACKSON, LEE, MADISON, ROCK- 
INGHAM, STOKES, SWAIN, AND UNION COUNTY BOARDS OF COMMIS- 
SIONERS BEFORE LAND IN THOSE COUNTIES MAY BE CONDEMNED OR 
ACQUIRED BY A UNIT OF LOCAL GOVERNMENT OUTSIDE THE COUNTY, 
to the end that when a similar action has been taken on the part of the Senate, you 
may order the bill enrolled. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 

The House Committee Substitute bill is ordered enrolled 

On motion of Senator Barnes, the Senate recesses until 3:30 P.M. for the purpose 
of committee meetings. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable James 
C. Gardner, Lieutenant Governor. 



SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H.B. 2331 House of Representatives 

July 18, 1990 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House fails to concur in the Senate amendment No. 2 to HB No. 2331, A BILL 
TO BE ENTITLED AN ACT TO INCREASE THE ANNUAL FEE PAID BY PER- 
SONS LICENSED TO CONSTRUCT AND PERSONS WHO OPERATE NUCLEAR 
FACILITIES TO THE DEPARTMENT OF ENVIRONMENT, HEALTH, AND 
NATURAL RESOURCES FOR PLANNING AND IMPLEMENTING EMERGENCY 
RESPONSE ACTIVITIES, and requests conferees. The Speaker has appointed Rep- 
resentatives Brawley, Perdue, and Arnold on the part of the House to confer with a 
like committee appointed by the Senate to the end that the differences arising may be 
adjusted. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 



July 18, 1990 



270 SENATE JOURNAL [Second Session 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

H.B. 1291 House of Representatives 

Senate Committee Substitute July 18, 1990 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House fails to concur in the Senate Comm. Sub. to HB No. 1291, A BILL TO BE 
ENTITLED AN ACT CONCERNING ADMINISTRATION OF SMALL ESTATES 
BY THE CLERK OF SUPERIOR COURT AND A RELATED PROVISION OF THE 
INHERITANCE TAX LAW, and requests conferees. The Speaker has appointed 
Representatives Dawkins, Flaherty and Kennedy on the part of the House to confer 
with a like committee appointed by the Senate to the end that the differences arising 
may be adjusted. 

:,'' Respectfully, 

S/Grace A. Collins 
Principal Clerk 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

H.B. 2081 House of Representatives 

,, July 18, 1990 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House has adopted the report of the Conferees in the Senate amendment to HB. 
No. 2081, A BILL TO BE ENTITLED AN ACT TO INCREASE THE MAXIMUM 
VEHICLE TAX THAT CAN BE LEVIED IN THE CITY OF GASTONIA FROM 
FIVE DOLLARS TO FIFTEEN DOLLARS, to the end that when a similar action has 
been taken on the part of the Senate, we will order the bill enrolled. 

' Respectfully, 

^ ^; ' S/Grace A. Collins 

■-'''■ ' Principal Clerk 



SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Additional special messages are received from the House of Representatives, as fol- 
lows: 

S.B. 1620, a bill to provide the rules and procedure for municipal redistricting in 
1991, for concurrence in House Amendments No. 1 and No. 2, which is placed on 
the Calendar for tomorrow, July 19. 

S.B. 766 (Committee Substitute), a bill to provide for certain vested property 
rights, for concurrence in the House Committee Substitute bill, which changes the 
title, upon concurrence, to read S.B. 766 (House Committee Substitute), a bill to 
provide that a vested right shall be established for two years, with provision for exten- 
sion not to exceed five years, upon city or county approval of a site specific develop- 
ment plan and that a vested right shall be established not to exceed five years upon city 
or county approval of a phased development plan, which is placed on the Calendar for 
tomorrow, July 19. 



July 18, 1990 



1990] SENATE JOURNAL 271 

APPOINTMENT OF CONFERENCE COMMITTEE 

H.B. 2331, a bill to increase the annual fee paid by persons licensed to construct 
and persons who operate nuclear facilities to the Department of Environment, Health, 
and Natural Resources for planning and implementing emergency response activities. 

Pursuant to the message from the House of Representatives received earlier today 
requesting conferees, Senator Rauch offers a motion that the Senate do appoint con- 
ferees, which motion prevails. 

The President Pro Tempore appoints Senators Pauch (Chairman), Tally, Kincaid, 
and Guy as conferees on the part of the Senate to resolve the differences arising be- 
tween the two Bodies, and a message is ordered sent to the House of Representatives 
informing that Honorable Body of such action. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Senator Block offers a motion that Rule 40 be suspended to allow the introduction of 
the following Senate simple resolution filed today which motion prevails by a two- 
thirds majority vote. 

By Senator Block: 

S.R. 1627, a Senate simple resolution requesting the Attorney General to investi- 
gate the Willie M. case and seek its reopening, and requesting the State Auditor to do 
a special audit of the Willie M. program and report his findings to the Senate. 

On motion of Senator Block, the Senate simple resolution is placed on the Calendar 
for tomorrow for adoption. 

REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Sands for the Local Government and Regional Affairs Commit- 
tee: 

H.B. 2115, a bill to exempt Macon County from certain procedural requirements 
on disposal of land as an industrial park, with a favorable report. 

H.B. 2246, a bill to provide for staggered terms in the membership of the Sim- 
mons-Nott Airport Authority, with a favorable report, as amended. 

S.B. 1375 (House Committee Substitute), a bill amending Chapter 296 of the Pub- 
lic-Local Laws of 1939, As Amended, with an unfavorable report as to concurrence. 

On motion of Senator Sands, the rules are suspended, and the House Committee 
Substitute bill is placed before the Senate for immediate consideration. 

The Senate fails to concur in the House Committee Substitute bill (0-43). 

Senator Sands offers a motion that the Senate do appoint conferees, which motion 
prevails. The President Pro Tempore appoints Senators Sands (Chairman), Kaplan, 
and Ward as conferees on the part of the Senate to resolve the differences arising 
between the two Bodies, and a message is ordered sent to the House of Representatives 
informing that Honorable Body of such action and requesting conferees. 

By Senator Plyler for the Ways and Means Committee: 

H.B. 2073, a bill to allow a sales tax exemption for fuel used by a small power 
producer to generate electricity, with a favorable report, as amended. 

On motion of Senator Plyler, the rules are suspended, and the bill is placed before 
the Senate for immediate consideration and on his further motion Committee Amend- 
ment No. 1 is adopted. 



July 18, 1990 



272 SENATE JOURNAL [Second Session 

The bill, as amended, passes its second (45-0) and third readings and is ordered 
sent to the House of Representatives, for concurrence in Senate Amendment No. 1, 
without objection, by special messenger. 

H.B. 603, a bill to allow certain interstate motor carriers to file annual fuel use tax 
reports, with an unfavorable report as to bill, but favorable as to Senate Committee 
Substitute bill. 

On motion of Senator Plyler, the rules are suspended, and the measure is placed 
before the Senate for immediate consideration and on his further motion the Senate 
Committee Substitute bill is adopted. 

On motion of Senator Plyler, the Senate Committee Substitute bill is placed on the 
Calendar for tomorrow, July 19, for further consideration. 

By Senator Soles for the Judiciary II Committee: 

H.B. 1269 (Committee Substitute), a bill to establish the duties of parties ordered 
to provide medical support for dependent children and to provide that court orders and 
written agreements regarding medical support for dependent children are valid authori- 
zation to insurers for purposes of releasing information and processing claims, with an 
unfavorable report as to Committee Substitute bill, but favorable as to Senate Commit- 
tee Substitute bill. 

On motion of Senator Soles, the rules are suspended, and the Senate Committee 
Substitute bill which changes the title, upon concurrence, to read H.B. 1269 (Senate 
Committee Substitute), a bill to provide that court orders and written agreements re- 
garding medical support for minor children are valid authorization to insurers to re- 
lease information and process claims and to provide for review of the presumptive 
child support guidelines, is placed before the Senate for immediate consideration. 

On motion of Senator Soles, the Senate Committee Substitute bill is adopted, and 
on his further motion is placed on the Calendar for tomorrow, July 19, for further 
consideration. 

By Senator Tally for the Environment and Natural Resources Committee: 

S.B. 113 (House Committee Substitute), a bill to clarify the authority of counties 
and cities to adopt ordinances regulating local solid waste management, to clarify a 
limitation on the authority of counties to levy solid waste disposal fees, and to clarify 
the definition of municipal solid waste as it applies to municipal solid waste reduction 
goals, with a favorable report as to concurrence. 

By Senator Rauch for the Finance Committee: 

S.B. 1348, a bill to exempt from income tax deferred compensation benefits re- 
ceived from a federal, state, or local deferred compensation plan, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Rauch, the rules are suspended, and the Committee Substi- 
tute bill, which changes the title to read S.B. 1348 (Committee Substitute), a bill to 
provide that teachers may participate in the Public Employees' Deferred Compensa- 
tion Plan, is placed before the Senate for immediate consideration. 

On motion of Senator Rauch, the Committee Substitute bill is adopted, and on his 
further motion is re-referred to the Pensions and Retirement Committee. 



CONFERENCE REPORT 
H.B. 2331 

Senator Rauch, for the Conferees appointed to consider the differences arising be- 
tween the Senate and the House of Representatives on H.B. 2331, a bill to increase 



July 18, 1990 



1990] SENATE JOURNAL 273 

the annual fee paid by persons licensed to construct and persons who operate nuclear 
facilities to the Department of Environment, Health, and Natural Resources for plan- 
ning and implementing emergency response activities, submits the following Report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on A BILL TO BE ENTITLED AN ACT TO IN- 
CREASE THE ANNUAL FEE PAID BY PERSONS LICENSED TO CONSTRUCT 
AND PERSONS WHO OPERATE NUCLEAR FACILITIES TO THE DEPART- 
MENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES FOR 
PLANNING AND IMPLEMENTING EMERGENCY RESPONSE ACTIVITIES, 
wish to report as follows: 

The House concurs in Senate Amendment #2, with an additional 
amendment as follows: on page 1, line 12, strike through the words 
"no more than". 

The Senate agrees to the same. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the 18th day of July, 1990. 

S/Rauch S/C. Robert Brawley 

S/A.D. Guy S/Beverly M. Perdue 

S/ Donald Kincaid 
S/Lura Tally 

Conferees on the part Conferees on the part of the 

of the Senate House of Representatives 

The Conference Report is held to be material and submission of the Report consti- 
tutes the first reading of the measure. 

The Conference Report remains on the Calendar for tomorrow, July 19, for adop- 
tion, upon second reading. 

WITHDRAWAL FROM COMMITTEE 

S.B. 1499 (House Committee Substitute), a bill to provide sentencing judges with 
the discretion to suspend a sentence to a term of imprisonment and place a youthful 
offender on probation, with the condition that the offender complete the IMPACT 
program. 

On motion of Senator Parneli, the rules are suspended, and the House Committee 
Substitute bill is taken from the Judiciary I Committee and placed on the Calendar 
for tomorrow, July 19, for concurrence. 

POINT OF ORDER 

H.B. 2213 (Committee Substitute), a bill clarifying the power of cities and counties 
to collect charges for the use of stormwater utilities, to give water and sewer authorities 
the power to operate and finance storm drainage systems, to direct the infrastructure 
study Commission to study whether each county needs multiple stormwater drainage 
systems, and to fund dispute resolution programs, as amended, calendared for tomor- 
row, July 19, upon second reading. 

Senator Winner rises to a point of order as to the ruling of the Chair holding 
Amendment No. 2 to be material, and pursuant to Rule 10(a), Senator Winner offers 



July 18, 1990 



274 SENATE JOURNAL [Second Session 

a motion to allow the House Committee Substitute bill, as amended, to be considered 
upon second reading today, which motion he subsequently withdraws. 

The Committee Substitute bill, as amended, remains on the Calendar for tomorrow, 
July 19, upon second reading. 

CALENDAR (Continued) 

H.B. 2260 (Senate Committee Substitute), a bill to make clarifying, conforming, 
and technical amendments to various laws relating to environment, health, and natu- 
ral resources. 

The Chair rules the Senate Committee Substitute bill requires a call of the roll pursu- 
ant to Article XIV Section 5 of the Constitution. 

Senator Walker offers Amendment No. 1 which is adopted (44-0). 

Receiving a three-fifths majority affirmative vote, the Senate Committee Substitute 
bill, as amended, passes its second reading by roll-call vote, ayes 44, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Lee, 
Martin of Pitt, Martin of Guilford, Marvin, Odom, Parnell, Plyler, Rauch, Raynor, 
Royall, Sands, Shaw, Sherron, Smith, Soles, Speed, Staton, Taft, Tally, Walker, 
Ward, Wilson, and Winner — 44. 

Voting in the negative: None. 

The Senate Committee Substitute bill, as amended, remains on the Calendar for 
tomorrow, July 19, for further consideration, upon third reading. 

H.B. 2263 (Committee Substitute), a bill to require reporting to the Department of 
Administration of participation by disadvantaged businesses in public procurement 
contracts and to require the Department to collect, compile, and report the data, and 
to clarify the public bidding law for single-prime and separate-prime competitive bids. 

On motion of Senator Sherron, Committee Amendments No. 1 and No. 2 are 
adopted. 

The Committee Substitute bill, as amended, passes its second reading (31-13). 

Senator Sherron objects to the third reading of the measure and the Committee Sub- 
stitute bill, as amended, remains on the Calendar for tomorrow, July 19, for further 
consideration, upon third reading. 

S.B. 673 (House Committee Substitute), a bill to make changes in the practice of 
Funeral Service Act, for concurrence in the House Committee Substitute bill, upon 
third reading. 

The Senate concurs in the House Committee Substitute bill on its third reading by 
roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Daniel, Daughtry, Ezzell, Goldston, 
Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Kincaid, Lee, 
Martin of Pitt, Martin of Guilford, Marvin, Odom, Parnell, Plyler, Rauch, Raynor, 
Royall, Sands, Sherron, Simpson, Smith, Soles, Staton, Taft, Tally, Walker, Ward, 
Wilson, and Winner — 43. 

Voting in the negative: None. 

The House Committee Substitute bill is ordered enrolled. 

S.B. 1365 (House Committee Substitute), a bill to repeal the inheritance tax ex- 
emption for federal retirement benefits, thereby making the tax treatment for federal 
retirement benefits the same as for State retirement benefits, and to authorize the Leg- 
islative Research Commission to study the inheritance tax exemptions, for concur- 
rence in the House Committee Substitute bill, upon third reading. 

The Senate concurs in the House Committee Substitute bill on its third reading by 
roll-call vote, ayes 43, noes 0, as follows: 



July 18, 1990 



1990] SENATE JOURNAL 275 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Daniel, Daughtry, Ezzell, Goldston, 
Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Kincaid, Lee, 
Martin of Pitt, Martin of Guilford, Marvin, Odom, Parnell, Plyler, Rauch, Raynor, 
Royall, Sands, Sherron, Simpson, Smith, Soles, Staton, Taft, Tally, Walker, Ward, 
Wilson, and Winner — 43. 

Voting in the negative: None. 

The House Committee Substitute bill is ordered enrolled. 

S.B. 1535 (Committee Substitute), a bill to establish fees for processing applica- 
tions for approval of construction or removal of dams, for concurrence in House 
Amendment No. 1, upon third reading. 

The Senate concurs in House Amendment No. 1 on its third reading by roll-call 
vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Daniel, Daughtry, Ezzell, Goldston, 
Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Kincaid, Lee, 
Martin of Pitt, Martin of Guilford, Marvin, Odom, Parnell, Plyler, Rauch, Raynor, 
Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Staton, Taft, Tally, Walker, 
Ward, V/ilson, and Winner — 44. 

Voting in the negative: None. 

The Committee Substitute bill is ordered enrolled. 

S.B. 1506 (House Committee Substitute), a bill to allow judges to use house arrest 
as a condition of special probation in certain DWI cases, and to provide that certain 
misdemeanants may be paroled and placed under house arrest, for concurrence in the 
House Committee Substitute bill. 

The Senate fails to concur in the House Committee Substitute bill (4-39). 

Senator Sands offers a motion that the Senate do appoint conferees, which motion 
prevails. 

RECALL TO CALENDAR 

H.B. 2260 (Senate Committee Substitute), a bill to make clarifying, conforming, 
and technical amendments to various laws relating to environment, health, and natu- 
ral resources, as amended, and earlier today ordered placed on the Calendar for to- 
morrow, July 19, upon third reading. 

On motion of Senator Walker, with unanimous consent, the Senate Committee Sub- 
stitute bill, as amended, is withdrawn from the Calendar of July 19 and placed before 
the Senate for further consideration, upon third reading. 

Receiving a three-fifths majority affirmative vote, the Senate Committee Substitute 
bill, as amended, passes its third reading by roll-call vote, ayes 43, noes 1, as fol- 
lows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Daniel, Daughtry, Ezzell, Goldston, 
Guy, Hardin, Hunt of Durham, Johnson of Cabarrus, Kaplan, Kincaid, Lee, Martin 
of Pitt, Martin of Guilford, Marvin, Odom, Parnell, Plyler, Rauch, Raynor, Royall, 
Sands, Shaw, Sherron, Simpson, Smith, Soles, Staton, Taft, Tally, Walker, Ward, 
Wilson, and Winner— 43. 

Voting in the negative: Senator Harris — 1. 

The Senate Committee Substitute bill, as amended, is ordered engrossed and sent to 
the House of Representatives, for concurrence in the Senate Committee Substitute bill, 
without objection, by special messenger. 

H.B. 2276, a bill to allow the Board of Commissioners of Macon County to call an 
election within fire districts created under a local act to give voters the choice either to 



July 18, 1990 



276 SENATE JOURNAL [Second Session 

impose a minimum fee under that local act or to convert the district to a rural fire 
protection district, temporarily displaced earlier, upon third reading. 

On motion of Senator Carpenter, further consideration of the bill is postponed until 
tomorrow, July 19. 



APPOINTMENT OF CONFERENCE COMMITTEE 

H.B. 1291 (Senate Committee Substitute), a bill concerning administration of 
small estates by the Clerk of Superior Court and a related provision of the Inheritance 
Tax Law. 

Pursuant to the message from the House of Representatives received earlier today 
requesting conferees, Senator Barnes offers a motion that the Senate do appoint con- 
ferees, which motion prevails. 

The President Pro Tempore appoints Senators Barker (Chairman), Wilson, Ezzell, 
and Johnson of Cabarrus as conferees on the part of the Senate to resolve the differ- 
ences arising between the two Bodies, and a message is ordered sent to the House of 
Representatives informing that Honorable Body of such action and requesting confer- 
ees. 

On motion of Senator Barnes the Senate recesses until 6:00 P.M. for the purpose of 
receiving additional messages from the House of Representatives. 



RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Henson 
P. Barnes, President Pro Tempore, who presides in the absence of the President of 
the Senate. 

On motion of Senator Wilson, seconded by Senator Odom, the Senate recesses until 
7:55 P.M. to further await messages from the House of Representatives. 



RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Henson 
P. Barnes, President Pro Tempore, who presides in the absence of the President of the 
Senate. 



SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

S.B. 499 (Committee Substitute), a bill to provide for the completion of fire inci- 
dent reports by fire departments and the availability of such reports to insurance com- 
panies, for concurrence in the House Committee Substitute bill, which changes the 
title, upon concurrence, to read S.B. 499 (House Committee Substitute), a bill to 
make various substantive and technical amendments to the insurance laws. 

Referred to Insurance Committee. 

S.B. 734, a bill to amend the General Rules of Pleadings to allow the claimant 
thirty days to respond to a request for a statement of the monetary relief sought, and to 
amend the Rules of Civil Procedure, summary judgment, to require that motions for 
summary judgment be accompanied by supporting affidavits, for concurrence in the 
House Committee Substitute bill, which changes the title, upon concurrence, to read 



July 18, 1990 



1990] SENATE JOURNAL 277 

S.B. 734 (House Committee Substitute), a bill to amend the General Rules of Plead- 
ings to allow the claimant thirty days to respond to a request for a statement of the 
monetary relief sought and to modify procedures of the Judicial Standards Commission 
to provide for waiver of confidentiality under certain circumstances. 
Referred to Judiciary II Committee. 

S.B. 917, a bill to require the Commission for Health Services to adopt rules regu- 
lating the treatment and disposal of waste from portable toilets, for concurrence in the 
House Committee Substitute bill, which changes the title, upon concurrence, to read 
S.B. 917 (House Committee Substitute), a bill to require proper treatment and dis- 
posal of sewage and other waste from chemical and portable toilets. 

Referred to Environment and Natural Resources Committee. 

S.B. 1618, a bill to make releasing of motor vehicles unlawful, for concurrence in 
House Amendment No. 1, which is placed on the Calendar for tomorrow, July 19. 

H.B. 2117 (Committee Substitute), a bill to provide that food sold by religious 
organizations is exempt from tax. 
Referred to Finance Committee. 

H.B. 2257 (Committee Substitute No. 2), a bill to increase various fees and create 
new fees charged by the Department of Insurance; to amend the retaliatory premium 
tax law; to create, maintain, and appropriate money to the Department of Insurance 
Consumer Protection Fund; and to improve the financial stability of the State Property 
Fire Insurance Fund. 

Referred to Insurance Committee and upon a favorable report re-referred to 
Finance Committee. 

S.B. 1427 (House Committee Substitute), a bill to make appropriations to provide 
capital improvements for State departments, institutions, and agencies and to make 
other changes in the budget operation of the State, for concurrence in the House Com- 
mittee Substitute bill with Amendments No. 1, No. 2, No. 3, No. 4, No. 5, No. 6, 
No. 7, No. 8, and failed Amendment No. 11 not engrossed. The Chair orders the 
House Committee Substitute bill with attachment and unengrossed amendments 
recommitted to the Appropriations Committee. (Pursuant to G.S. 143-15, the 
text of the attachment presented to the Senate appears in the Addendum.) 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.B. 1375 House of Representatives 

House Committee Substitute July 18, 1990 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur in House 
Comm. Sub. to S.B. No. 1375, A BILL TO BE ENTITLED AN ACT AMENDING 
CHAPTER 296 OF THE PUBLIC-LOCAL LAWS OF 1939, AS AMENDED, the 
Speaker has appointed as conferees on the part of the House, Representatives 
Dawkins, Kennedy, Rhodes, Gray, Burke, and Esposito to act with a like committee 
on the part of the Senate to the end that the differences existing between the two bod- 
ies may be adjusted. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 



July 18, 1990 



278 SENATE JOURNAL [Second Session 

On motion of Senator Wilson, seconded by Senator Harris, the Senate adjourns at 
8:10 P.M. to meet tomorrow, July 19, at 1:00 P.M. 



ONE HUNDRED SIXTY-SIXTH DAY 

Senate Chamber, 
Thursday, July 19, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Father, bring us to the forefront of our minds a lesson nature teaches us which was 
referred to earlier in this Chamber, that lightning is both startling and at times illumi- 
nating; and that thunder can be overwhelming and it certainly gets our attention, but it 
is the soft steady rain that gets the job done. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
July 18, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for today to Senator Swain, Senator Johnson 
of Wake, and Senator Richardson. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H.B. 1177 (Senate Committee Substitute), a bill to increase the criminal penalties 
for violations of the water quality, air quality, oil and hazardous substances control, 
and hazardous waste management programs that are knowingly and willfully commit- 
ted or that involve knowing endangerment. 

Without objection, on motion of Senator Winner, the Senate Committee Substitute 
bill is taken from its regular order of business and placed before the Senate for consid- 
eration. 

The Chair announces a fiscal note has been received. 

Senator Winner offers Amendment No. 1 which is adopted (37-1). 

The Senate Committee Substitute bill, as amended, passes its second reading 
(45-2). 

Senator Ezzell objects to the third reading of the measure and the Senate Committee 
Substitute bill, as amended, remains on the Calendar for tomorrow, July 20, for fur- 
ther consideration, upon third reading. 

H.B. 2394 (Senate Committee Substitute), a bill to provide for the filing of notices 
of liens, certificates, and other notices affecting various federal liens in the same man- 
ner as notices of federal tax liens, upon second reading. 

Without objection, on motion of Senator Winner the Senate Committee Substitute 
bill is taken from its regular order of business and placed before the Senate for consid- 
eration. 

Senator Winner offers Amendment No. 1 which is adopted (44-0). 

Senator Winner offers Amendment No. 2 which is adopted (44-0). 



July 19, 1990 



1990] SENATE JOURNAL 279 

The Senate Committee Substitute bill, as amended, passes its second reading by 
roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Daniel, Daughtry, Ezzell, Goldston, 
Guy, Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Kincaid, Lee, Martin 
of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, 
Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Taft, Tally, 
Walker, Ward, Wilson, and Winner — 45. 

Voting in the negative: None. 

The Senate Committee Substitute bill, as amended, is ordered placed on the Calen- 
dar for tomorrow, July 20, for further consideration, upon third reading. 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Soles for the Judiciary II Committee: 

H.B. 2173, a bill to increase the probation and parole supervision fees from fifteen 
to twenty dollars, with a favorable report. 

"^ ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolution properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 673 (House Committee Substitute), an act to make changes in the practice of 
Funeral Service Act. (Ch. 968) 

S.B. 1340, an act to provide for the Election of the Board of Commissioners of 
Sampson County, to reflect the system adopted under a consent decree in the case of 
United States of America v. Sampson County Board of Commissioners. (Ch. 969) 

S.B. 1365 (House Committee Substitute), an act to repeal the inheritance tax ex- 
emption for federal retirement benefits, thereby making the tax treatment for federal 
retirement benefits the same as for State retirement benefits, and to authorize the Leg- 
islative Research Commission to study the inheritance tax exemptions. (Ch. 970) 

S.B. 1398, an act to codify the new method electing the Sampson County Board of 
Education established pursuant to the Federal Voting Rights Act. (Ch. 971) 

S.B. 1400, an act to prohibit the hunting or transportation of deer from or by boat 
or floating device on a portion of the Tar River in Edgecombe County. (Ch. 972) 

S.B. 1404 (House Committee Substitute), an act to require consent of the Harnett, 
Haywood, Henderson, Jackson, Lee, Madison, Rockingham, Stokes, Swain, and 
Union County Boards of Commissioners before land in those Counties may be con- 
demned or acquired by a unit of local government outside the County. (Ch. 973) 

S.B. 1414 (House Committee Substitute), an act to authorize Burke, Gaston, Lee, 
Lenoir, and Washington Counties to collect certain fees in the same manner as ad 
valorem taxes. (Ch. 974) 

S.B. 1449, an act to change the filing period for the Leaksville Township Board of 
Education (Eden City School Administrative Unit). (Ch. 975) 



July 19, 1990 



280 SENATE JOURNAL [Second Session 

S.B. 1535 (Committee Substitute), an act to establish fees for processing applica- 
tions for approval of construction or removal of dams. (Ch. 976) 

S.B. 1622, an act to provide that the probationary time between an interlocutory 
decree and final adoption order may be the same for private adoptions as those ar- 
ranged by Social Services or a licensed child-placing agency. (Ch. 977) 

H.B, 285 (Senate Committee Substitute), an act to make technical corrections to 
the Fire Sprinkler Contractor Licensing Act. (Ch. 978) 

H.B. 685 (Senate Committee Substitute), an act to change the name of the North 
Carolina Human Relations Council to the North Carolina Human Relations Commis- 
sion and to amend the Fair Housing Act to conform to federal requirements regarding 
fair housing laws and enforcement. (Ch. 979) 

H.B. 1297, an act to provide for a procedure when the complete rezoning of a 
jurisdiction involves "down zoning." (Ch. 980) 

H.B. 2067 (Committee Substitute), an act to update the reference to the Internal 
Revenue Code used to determine certain taxable income and tax exemptions. 
(Ch. 981) 

H,B. 2129 (Committee Substitute), an act relating to Cabarrus Memorial Hospital. 
(Ch. 982) 

H.B. 2132, an act to allow the Town of Kernersville to dispose of certain real 
property by private negotiation and sale. (Ch. 983) 

HoB. 2138 (Committee Substitute), an act to provide transitional adjustments re- 
lating to Subchapter S Corporations, to correct an error that inadvertently disallowed 
deductions for some mortgage interest payments, to provide additional tax relief for 
taxpayers with dependents who are permanently and totally disabled, to allow a tax 
credit for State income taxes paid on Government Retirement Benefits received in 
1988, to provide that an extension of time for filing an income or franchise tax return 
is not an extension of time for paying the tax, and to reduce the threshold for pay- 
ments of estimated corporate income tax. (Ch. 984) 

H.B. 2258 (Committee Substitute), an act to levy a one-time assessment on insur- 
ers that support the Mutual Workers' Compensation Security Fund. (Ch. 985) 

H.B. 2278, a bill to modify the school funding procedures for Robeson County. 
(Ch. 986) 

H.B. 2353 (Committee Substitute No. 2), an act to establish fees for processing 
applications for permits and to improve permit processing and compliance under the 
Coastal Area Management Act. (Ch. 987) 

H.B. 2398 (Committee Substitute), an act to provide for the licensure of crematory 
operators and to establish the crematory authority within the Board of Mortuary Sci- 
ence. (Ch. 988) 

H.B. 2073, an act to allow a sales tax exemption for fuel used by a small power 
producer to generate electricity. (Ch. 989) 

S.J.R. 1625, a joint resolution authorizing the 1989 General Assembly, 1990 Ses- 
sion, to consider a bill to be entitled an act to make the State income tax refund period 
the same as the federal income tax refund period. (Res. 71) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 



July 19, 1990 



1990] " '^' SENATE JOURNAL 28 1 

By Senator Ezzell for the Constitution Committee: 

S.B. 1337 (House Committee Substitute), a bill to make various technical amend- 
ments to the General Statutes and to the Session Laws and for other purposes, with a 
favorable report, as to concurrence. 

H.B. 2391 (Committee Substitute), a bill to increase the maximum fine for parking 
in a handicapped parking space and to require signs designating handicapped parking 
spaces to state the penalty for parking in the space in violation of the law, with a 
favorable report, as amended. 

WITHDRAWAL FROM COMMITTEE 

S.B. 1434 (House Committee Substitute), a bill to allow Duplin County to convey 
certain property in exchange for other property, to allow the Town of Warsaw to ex- 
tend its extraterritorial zoning over an additional area, and to eliminate the require- 
ment of a public hearing by the County of Duplin prior to an already executed con- 
tract. 

On motion of Senator Sands, the rules are suspended, and the House Committee 
Substitute bill is taken from the Local Government and Regional Affairs Com- 
mittee and is placed before the Senate for immediate consideration for concurrence in 
the House Committee Substitute bill, upon second reading. 

The Senate concurs in the House Committee Substitute bill on its second reading by 
roll-call vote, ayes 40, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Basnight, Block, 
Bryan, Carpenter, Cochrane, Conder, Daughtry, Ezzell, Goldston, Hardin, Harris, 
Hunt of Durham, Johnson of Cabarrus, Kaplan, Kincaid, Lee, Martin of Guilford, 
Marvin, Murphy, Odom, Parnell, Rauch, Raynor, Royall, Sands, Shaw, Sherron, 
Simpson, Smith, Soles, Speed, Staton, Taft, Tally, Walker, Ward, and Wilson— 40. 

Voting in the negative: None. 

The measure remains on the Calendar for tomorrow, July 20, for concurrence in the 
House Committee Substitute bill, upon third reading. 

'- CALENDAR (Continued) 

S.B. 1525, a bill to authorize the construction and the financing, without appro- 
priations from the General Fund, of certain capital improvements projects of the con- 
stituent institutions of the University of North CaroHna and the University of North 
Carolina Hospitals at Chapel Hill, upon third reading. 

Without objection, on motion of Senator Royall, the bill is taken from its regular 
order of business and placed before the Senate for immediate consideration. 

On motion of Senator Royall, the bill is postponed indefinitely. 

S.B. 1526, a bill to amend the authorization for a wholly self-liquidating project for 
the University of North Carolina at Greensboro that was originally enacted by Chapter 
806 of the 1987 Session Laws and was amended by Chapter 995 of the 1987 Session 
Laws, upon third reading. 

Without objection, on motion of Senator Royall, the bill is taken from its regular 
order of business and placed before the Senate for immediate consideration. 

On motion of Senator Royall, seconded by Senator Barnes, the bill is postponed 
indefinitely. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bill filed for introduction is presented to the Senate, read the first 
time, and disposed of as follows: 



July 19, 1990 



282 SENATE JOURNAL [Second Session 

By Senator Johnson of Cabarrus: 

S.B. 1626, a bill to provide that no insurance points and no surcharges may be 
assessed for certain speeding offenses over sixty-five miles per hour. 
Referred to Judiciary I Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.B. 114, a bill to provide that a county landfill that is a public enterprise has 
conditional authority to charge a municipality located in that county a solid waste dis- 
posal fee, for concurrence in the House Committee Substitute bill, which changes the 
title, upon concurrence, to read S.B. 114 (House Committee Substitute), a bill to 
delay the issuance of air quality permits for new commercial medical waste incinera- 
tors and to prohibit the disposal of certain special nonhazardous wastes in incinera- 
tors. 

On motion of Senator Harris, the House Committee Substitute bill is ordered held as 
received in the Office of the Principal Clerk without first reading, pending the presence 
of the Chairman of the Rules and Operation of the Senate Committee. 

On motion of Senator Barnes the Senate recesses until 4:00 P.M. for the purpose of 
committee meetings. 

RECESS 



The Senate meets pursuant to recess and is called to order by the Honorable James 
C. Gardner, Lieutenant Governor. 

CALENDAR (Continued) 

S.B. 766 (House Committee Substitute), a bill to provide that a vested right shall 
be established for two years, with provision for extension not to exceed five years, 
upon city or county approval of a site specific development plan and that a vested right 
shall be established not to exceed five years upon city or county approval of a phased 
development plan. 

Without objection on motion of Senator Conder, the House Committee Substitute 
bill is taken from its regular order of business and placed before the Senate for imme- 
diate consideration. 

The Senate concurs in the measure (36-0) and the House Committee Substitute bill 
is ordered enrolled. 

REPORTS OF COMMITTEES 

The following standing committee report is submitted out of the regular order of 
business, read by its title, together with the report accompanying it, and takes its place 
on the Calendar, as follows: 

By Senator Rauch for the Finance Committee: 

H.B. 2117 (Committee Substitute), a bill to provide that food sold by religious 
organizations is exempt from tax, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Senator Sands offers a motion that the rules be suspended to allow all bills filed for 
introduction presented to the Senate, read the first time and referred to committee. 



July 19, 1990 



1990] ' V SENATE JOURNAL 283 

which motion prevails and the following bill filed for introduction today is presented to 
the Senate and disposed of as follows: 

By Senators Odom, Allran, Ballance, Basnight, Block, Bryan, Carpenter, 
Cochrane, Conder, Daughtry, Ezzell, Guy, Hardin, Harris, Hunt of Durham, 
Johnson of Cabarrus, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Mar- 
vin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, Richardson, Roy all. Sands, 
Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, Walker, Ward, 
Wilson, and Winner: 

S.B. 1628, a bill to make the State income tax refund period the same as the fed- 
eral income tax refund period. 

Referred to Finance Committee. 



REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Parnell for the Insurance Committee: 

S.B. 499 (House Committee Substitute), a bill to make various substantive and 
technical amendments to the insurance laws, with a favorable report as to concur- 
rence. 

H.B. 2257 (Committee Substitute No. 2), a bill to increase various fees and create 
new fees charged by the Department of Insurance; to amend the retaliatory premium 
tax law; to create, maintain, and appropriate money to the Department of Insurance 
Consumer Protection Fund; and to improve the financial stability of the State Property 
Fire Insurance Fund, with a favorable report, as amended. 

On motion of Senator Parnell, the Committee Substitute bill No. 2 is re-referred to 
the Finance Committee. 



CALENDAR (Continued) 

H.B. 2081, a bill to provide that the City of Gastonia may, by unanimous vote of 
the full membership of the City Council, increase the vehicle tax levied in the City 
from five dollars to no more than fifteen dollars. Conference Report submitted July 18 
for adoption, upon second reading. 

The Conference Report is adopted on its second reading by roll-call vote, ayes 34, 
noes 1, as follows: 

Voting in the affirmative: Senators Barker, Barnes, Basnight, Block, Bryan, Car- 
penter, Chalk, Cochrane, Daughtry, Ezzell, Goldston, Guy, Hardin, Harris, Johnson 
of Cabarrus, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Mur- 
phy, Rauch, Raynor, Shaw, Sherron, Simpson, Smith, Speed, Staton, Tally, Walker, 
Ward, and Wilson— 34. 

Voting in the negative: Senator Royall — L 

The Conference Report is ordered placed on the Calendar for tomorrow, July 20, for 
adoption, upon third reading. 



REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 



July 19, 1990 



284 SENATE JOURNAL [Second Session 

By Senator Royall for the Appropriations Committee: 

S.B. 1598 (Committee Substitute), a bill to increase the retirement formula for 
members and beneficiaries of the Teachers' and State Employees' Retirement System 
and the Local Governmental Employees' Retirement System, and to provide an in- 
crease to retirees of the Teachers' and State Employees' Retirement System, the Con- 
solidated Judicial Retirement System, the Legislative Retirement System, and the Lo- 
cal Governmental Employees' Retirement System, with a favorable report. 

On motion of Senator Marvin, the rules are suspended, and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration. 

Without objection, on motion of Senator Block the Committee Substitute bill is tem- 
porarily displaced. 

H.B. 1679 (Committee Substitute), a bill to provide early intervention, develop- 
mental services, and education to handicapped children from birth to five years of age, 
with an unfavorable report as to Committee Substitute bill, but favorable as to Senate 
Committee Substitute bill. 

On motion of Senator Royall, the rules are suspended, and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration and on his fur- 
ther motion the Senate Committee Substitute bill is adopted. 

On motion of Senator Royall, the Senate Committee Substitute bill remains before 
the Senate for further consideration. 

The Senate Committee Substitute bill passes its second (40-1) and third readings 
and is ordered sent to the House of Representatives, for concurrence in the Senate 
Committee Substitute bill, without objection, by special messenger. 

By Senator Tally for the Environment and Natural Resources Committee: 

S.B. 917 (House Committee Substitute), a bill to require proper treatment and dis- 
posal of sewage and other waste from chemical and portable toilets, with an unfavor- 
able report as to concurrence. 

On motion of Senator Tally, the rules are suspended and the House Committee 
Substitue bill is placed before the Senate for immediate consideration and on her sub- 
sequent motion is temporarily displaced. 

CALENDAR (Continued) 

H.B. 2331, a bill to increase the annual fee paid by persons licensed to construct 
and persons who operate nuclear facilities to the Department of Environment, Health, 
and Natural Resources for planning and implementing emergency response activities, 
Conference Report submitted July 18 for adoption, upon second reading. 

The Conference Report is adopted on its second reading by roll-call vote, ayes 40, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Bryan, Car- 
penter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, 
Harris, Hunt of Durham, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Parnell, Rauch, Raynor, Royall, Sands, Shaw, Sherron, Simpson, 
Smith, Soles, Speed, Staton, Taft, Tally, Walker, and Wilson— 40. 

Voting in the negative: None. 

The Conference Report is ordered placed on the Calendar for tomorrow, July 20, for 
adoption, upon third reading. 

S.R. 1627, a Senate simple resolution requesting the Attorney General to investi- 
gate the Willie M. case and seek its reopening, and requesting the State Auditor to do 
a special audit of the Willie M. program and report his findings to the Senate, for 
adoption. 

Senator Harris offers Amendment No. 1 which is adopted (24-15), changing the 
title to read S.R. 1627, a Senate simple resolution requesting the Mental Health Study 



July 19, 1990 



1990] SENATE JOURNAL 285 

Commission to investigate the Willie M. case and requesting the State Auditor to do a 
special audit of the Willie M. program and report his findings to the Senate. 

On motion of Senator Block, the Senate Simple Resolution is adopted (42-1) and 
ordered engrossed. (The text of this resolution appears in the Appendix.) 

WITHDRAWAL FROM CALENDAR 

H.B. 2173, a bill to increase the probation and parole supervision fees from fifteen 
to twenty dollars. 

Senator Soles offers a motion that the bill be taken from the Calendar for tomorrow, 
July 20, and re-referred to the Finance Committee, pursuant to Rule 42. 

Senator Rauch offers a substitute motion to the end the rules are suspended to allow 
the bill to remain on the Calendar for tomorrow, July 20, for consideration, which 
motion prevails. The bill remains on the Calendar for July 20. 

CALENDAR (Continued) 

H.B. 2136 (Committee Substitute), a bill to allow Durham County to create a spe- 
cial projects district as a separate political subdivision within the county for the pur- 
pose of funding joint projects undertaken through interlocal cooperation agreements 
between the County of Durham, the City of Durham, and the Town of Chapel Hill to 
ensure proportional equality of city and county taxpayer participation and to allow an 
extension of time for Durham County Hospital Corporation to file an application for a 
sales and use tax refund, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 36, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Bryan, 
Carpenter, Chalk, Cochrane, Daniel, Daughtry, Ezzell, Goldston, Hardin, Harris, 
Johnson of Cabarrus, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Mar- 
vin, Murphy, Parnell, Rauch, Raynor, Sands, Shaw, Sherron, Simpson, Smith, 
Soles, Speed, Staton, Tally, Ward, and Wilson— 36. 

Voting in the negative: None. 

The Committee Substitute bill is ordered enrolled. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 

S.B. 1447 (Committee Substitute No. 2), an act to repeal the annexation ordi- 
nance of the Town of Andrews. (Ch. 990) 

H.B. 345 (Committee Substitute), an act to consolidate into one form all absentee 
ballot application forms and to make other changes in the law affecting absentee bal- 
lots. (Ch. 991) 

H.B. 606 (Senate Committee Substitute), an act to make certain powers of attor- 
ney durable as defined in G.S. 32A-8. (Ch. 992) 

H.B. 899 (Committee Substitute), an act to allow Randolph County to create rural 
fire protection districts contiguous with the boundaries of existing county fire service 
districts, and to annex territory to rural fire protection districts. (Ch. 993) 

H.B. 2288 (Committee Substitute), an act to provide that both felons and mis- 
demeanants shall be eligible for intensive probation and parole. (Ch. 994) 



July 19, 1990 



286 SENATE JOURNAL [Second Session 

REPORTS OF COMMITTEES 

The following standing committee report is submitted out of the regular order of 
business, read by its title, together with the report accompanying it, and takes its place 
on the Calendar, as follows: 

By Senator Daniel, Vice-Chairman, for the Judiciary I Committee: 

H.B. 2284 (Committee Substitute), a bill to create a Sentencing and Policy Advi- 
sory Commission and to establish a uniform standard for the development of criminal 
justice policy, with an unfavorable report as to Committee Substitute bill, but favor- 
able as to Senate Committee Substitute bill. 

On motion of Senator Daniel, the rules are suspended, and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration and on his fur- 
ther motion the Senate Committee Substitute bill is adopted. 

On motion of Senator Daniel, the Senate Committee Substitute bill is placed on the 
Calendar for tomorrow, July 20, for further consideration. 

CALENDAR (Continued) 

H.B. 2276, a bill to allow the Board of Commissioners of Macon County to call an 
election within fire districts created under a local act to give voters the choice either to 
impose a minimum fee under that local act or to convert the district to a rural fire 
protection district, upon third reading. 

On motion of Senator Carpenter, the bill is recommitted to the Local Govern- 
ment and Regional Affairs Committee. 

H.B. 2190, a bill to authorize Anson and Montgomery Counties to collect certain 
fees in the same manner as ad valorem taxes, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 36, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Daniel, Daughtry, Ezzell, Goldston, 
Haidin, Karris, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, 
Parnell, Rauch, Raynor, Royall, Sands, Sherron, Simpson, Smith, Soles, Speed, 
Staton, Tally, Ward, and Wilson— 36. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, July 20, for further consid- 
eration, upon third reading. 

H.B. 2241 (Committee Substitute), a bill revising and consolidating the Charter of 
Bessemer City, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 36, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Daniel, Daughtry, Ezzell, Goldston, 
Hardin, Johnson of Cabarrus, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guil- 
ford, Marvin, Murphy, Parnell, Ranch, Raynor, Royall, Sands, Sherron, Simpson, 
Smith, Soles, Speed, Staton, Tally, and Ward— 36. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, July 
20, for further consideration, upon third reading. 

H.B. 2242 (Committee Substitute), a bill to annex certain described property into 
the corporate limits of the Town of Long View, upon second reading. 

The Committee Substitute bill passes its second reading by roll- call vote, ayes 38, 
noes 0, as follows: 



July 19, 1990 



1990] J^ SENATE JOURNAL 287 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Daniel, Daughtry, Ezzell, Goldston, 
Hardin, Johnson of Cabarrus, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guil- 
ford, Marvin, Murphy, Parnell, Rauch, Raynor, Royall, Sands, Shaw, Sherron, 
Simpson, Smith, Soles, Speed, Staton, Taft, Tally, and Ward— 38. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, July 
20, for further consideration, upon third reading. 

S.B. 917 (House Committee Substitute), a bill to require proper treatment and dis- 
posal of sewage and other waste from chemical and portable toilets, for concurrence in 
House Committee Substitute bill, temporarily displaced earlier. 

The Senate fails to concur in the House Committee Substitute bill (4-34). 

Senator Tally offers a motion that the Senate do appoint conferees, which motion 
prevails. 

The President Pro Tempore appoints Senators Tally (Chairman), Johnson of 
Cabarrus, Taft, and Block as conferees on the part of the Senate to resolve the differ- 
ences arising between the two Bodies, and a message is ordered sent to the House of 
Representatives informing that Honorable Body of such action and requesting confer- 



CONFERENCE REPORT 

H.B. 1223 (Senate Committee Substitute) 

Senator Daniel for the Conferees appointed to consider the differences arising be- 
tween the Senate and the House of Representatives on H.B. 1223 (Senate Committee 
Substitute) , a bill to provide additional time for the development of water supply wa- 
tershed classifications and for the classification of existing water supply watersheds 
and to delay the development of new sanitary landfills for the disposal of nonhazar- 
dous solid waste in water supply watersheds for which a petition for reclassification is 
pending until the classification of such watersheds is completed, submits the following 
Report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on Senate Committee Substitute for House Bill 
1223, A BILL TO BE ENTITLED AN ACT TO PROVIDE ADDITIONAL TIME 
FOR THE DEVELOPMENT OF WATER SUPPLY WATERSHED CLASSIFICA- 
TIONS AND FOR THE CLASSIFICATION OF EXISTING WATER SUPPLY WA- 
TERSHEDS AND TO DELAY THE DEVELOPMENT OF NEW SANITARY 
LANDFILLS FOR THE DISPOSAL OF NONHAZARDOUS SOLID WASTE IN 
WATER SUPPLY WATERSHEDS FOR WHICH A PETITION FOR RECLASSIFI- 
CATION IS PENDING UNTIL THE CLASSIFICATION OF SUCH WATERSHEDS 
IS COMPLETED, wish to report as follows: 

The House concurs in the Senate Committee Substitute, Fourth Edition Engrossed, 
with an amendment as follows: 

Delete the entire Senate Committee Substitute, Fourth Edition En- 
grossed, and substitute the attached proposed Conference Committee 
Substitute PCCS 1403. 
The Senate agrees to the same. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 



July 19, 1990 



288 SENATE JOURNAL [Second Session 

This the 19th day of July, 1990. 

S/Frank W. Ballance, Jr. S/Fred Bowman 

S/Bill Barker S/Harry Grimmer 

S/Betsy L. Cochrane S/Joe Hackney 

S/George B. Daniel - '. ? ; ^ S/Bertha M. Holt 

S/Paul S. Smith S/R. Samuel Hunt, III 

S/ James D. Speed v 

Conferees on the part Conferees on the part of the 

of the Senate House of Representatives 

The text of the attached proposed Conference Committee Substitute bill, PCCS 
1403, is as follows: 

A BILL TO BE ENTITLED 
AN ACT TO DELAY THE DEVELOPMENT OF NEW SANITARY LANDFILLS 
FOR THE DISPOSAL OF NONHAZARDOUS SOLID WASTE IN WATER SUP- 
PLY WATERSHEDS FOR WHICH A PETITION FOR RECLASSIFICATION IS 
PENDING UNTIL THE CLASSIFICATION OF SUCH WATERSHEDS IS COM- 
PLETED. 
The General Assembly of North Carolina enacts: 

Section 1 . This section shall apply to any new sanitary landfill for the disposal 
of nonhazardous solid waste which is proposed to be located within the watershed of 
any of the surface waters of the State which are assigned water supply classifications 
(WS-I, WS-II, or WS-III) under rules adopted by the Environmental Management 
Commission and for which there is pending on 30 June 1990 a petition for reclassifica- 
tion of such waters to a more protective classification. The Department of Environ- 
ment, Health, and Natural Resources shall not approve an application for a permit for 
any such new sanitary landfill until the Environmental Management Commission has 
adopted water supply watershed classifications and management requirements and has 
completed the classification of all existing water supply watersheds as required by Sec- 
tion 5 of Chapter 426 of the 1989 Session Laws. This section shall not apply to any 
application for a permit for a sanitary landfill which was filed prior to 1 July 1990. 
Sec. 2. This act is effective upon ratification. 
On motion of Senator Daniel, the Conference Report is adopted (37-1) which 
changes the title upon a like action by the House of Representatives to read H.B. 
1223 (Conference Report), a bill to delay the development of new sanitary landfills for 
the disposal of nonhazardous solid waste in water supply watersheds for which a peti- 
tion for reclassification is pending until the classification of such watersheds is com- 
pleted. A message is ordered sent to the House of Representatives informing that 
Honorable Body of such action. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 1223 House of Representatives 

(Senate Committee Substitute) July 19, 1990 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House has adopted the report of the Conferees on HB No. 1223, A BILL TO BE 
ENTITLED AN ACT TO PROVIDE ADDITIONAL TIME FOR THE DEVELOP- 
MENT OF WATER SUPPLY WATERSHED CLASSIFICATIONS AND FOR THE 
CLASSIFICATION OF EXISTING WATER SUPPLY WATERSHEDS AND TO 
DELAY THE DEVELOPMENT OF NEW SANITARY LANDFILLS FOR THE 



July 19, 1990 



1990] ' ' > '^: : SENATE JOURNAL 289 

DISPOSAL OF NONHAZARDOUS SOLID WASTE IN WATER SUPPLY WATER- 
SHEDS FOR WHICH A PETITION FOR RECLASSIFICATION IS PENDING UN- 
TIL THE CLASSIFICATION OF SUCH WATERSHEDS IS COMPLETED, to the 
end that when a similar action has been taken on the part of the Senate, we will order 
the bill enrolled. 

Respectfully, 
^ S/Grace A. Collins 

Principal Clerk 



CONFERENCE REPORT 
H.B. 1205 (Senate Committee Substitute) 

Senator Harris for the Conferees appointed to consider the differences arising be- 
tween the Senate and the House of Representatives on H.B. 1205 (Senate Committee 
Substitute), a bill to require the State Board of Cosmetic Art Examiners to issue a 
temporary employment permit to persons who have applied and are qualified to take 
the examination for apprentice cosmetologist, registered cosmetologist, or registered 
manicurist, submits the following Report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on the Senate Committee Substitute for House Bill 
1205 (Third Edition), A BILL TO BE ENTITLED AND ACT TO REQUIRE THE 
STATE BOARD OF COSMETIC ART EXAMINERS TO ISSUE A TEMPORARY 
EMPLOYMENT PERMIT TO PERSONS WHO HAVE APPLIED AND ARE 
QUALIFIED TO TAKE THE EXAMINATION FOR APPRENTICE COSMETOLO- 
GIST, REGISTERED COSMETOLOGIST, OR REGISTERED MANICURIST, wish 
to report as follows: 

that the House concurs in the Senate Committee Substitute (3rd edition) with the 
following amendments: 

1. Amend page 1, lines 5 through 6, which amends the title, by rewriting said lines 
to read: 

"EXAMINATION FOR APPRENTICE COSMETOLOGIST OR REGISTERED 
COSMETOLOGIST."; 

2. Amend page 1 lines 11 through 18, by rewriting said lines to read: 

"(a.) Anv person who has completed the classroom hour requir ements under this 
Chapter for registration as a cosmetologist or an apprentice cosmetologist, has 
applied and is qualified to take the State Board examination for registration as a 
cosmetologist or an apprentice cosmetologist, and has otherwise complied with 
this section mav apply to the Board of Cosmetic Art Examiners for a temporary 
permit to be employed and engage in the practice of cosmetology under the direct 
supervision of a registered cosmetologist. ": 

3. Amend page 2, lines 8 through 9, by rewriting said lines to read: " as a cosme - 
tologist or apprentice cosmetologist.: and 

4. Amend page 3, line 4, by rewriting said Hne to read: "subdivisions (3), r3a^ . 
(4), (6) and (7).". 

And the Senate agrees to the same. 



July 19, 1990 



290 SENATE JOURNAL [Second Session 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the 19th day of July, 1990. 

S/Ollie Harris S/James M. Craven 

S/James D. Speed S/Ruth M. Easterling 

S/Kenneth C. Royall, Jr. S/John L. Tart 
S/Betsy Cochrane 

Conferees on the part Conferees on the part of the 

of the Senate House of Representatives 

On motion of Senator Harris, the Conference Report is adopted (38-0) which 
changes the title, upon a like action by the House of Representatives, to read H.B. 
1205 (Senate Committee Substitute), a bill to require the State Board of Cosmetic Art 
Examiners to issue a temporary employment permit to persons who have applied and 
are qualified to take the examination for apprentice cosmetologist or registered cosme- 
tologist. A message is ordered sent to the House of Representatives informing that 
Honorable Body of such action. 

WITHDRAWAL FROM COMMITTEE 

S.B. 734 (House Committee Substitute), a bill to amend the General Rules of 
Pleadings to allow the claimant thirty days to respond to a request for a statement of 
the monetary relief sought and to modify procedures of the Judicial Standards Com- 
mission to provide for waiver of confidentiality under certain circumstances. 

On motion of Senator Soles, the rules are suspended, and the House Committee 
Substitute bill is taken from the Judiciary II Committee and is placed before the 
Senate for immediate consideration, for concurrence in the House Committee Substi- 
tute bill. 

The Senate concurs in the measure (35-0), and the House Committee Substitute bill 
is ordered enrolled. 

CALENDAR (Continued) 

Without objection, on motion of Senator Barnes, the following bills are taken out of 
their regular order of business and placed before the Senate for immediate considera- 
tion— S.B. 1575, H.B. 2207, H.B. 2321, H.B. 2402, H.B. 950, and H.B. 
2213. 

S.B. 1575 (Committee Substitute), a bill to increase the fee for filing a corpora- 
tion's annual report with the Secretary of State, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 42, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daughtry, Ezzell, Goldston, 
Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Kincaid, Lee, 
Martin of Pitt, Martin of Guilford, Marvin, Murphy, Parnell, Rauch, Raynor, Royall, 
Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, Walker, Ward, 
and Wilson— 42. 

Voting in the negative: None. 

The Committee Substitute bill is ordered, without objection, sent to the House of 
Representatives by special messenger. 

H.B. 2207 (Senate Committee Substitute), a bill to remove the obsolete sales tax 
exemption for ice, as amended, upon third reading. 

The Senate Committee Substitute bill, as amended, passes its third reading by roll- 
call vote, ayes 41, noes 1, as follows: 



July 19, 1990 



1990] SENATE JOURNAL 291 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daughtry, Ezzell, Goldston, 
Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Kincaid, Lee, 
Martin of Pitt, Martin of Guilford, Marvin, Murphy, Parnell, Rauch, Raynor, Royall, 
Sands, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, Walker, Ward, and 
Wilson— 41. 

Voting in the negative: Senator Shaw— 1. 

The Senate Committee Substitute bill, as amended, is ordered, without objection, 
engrossed and sent to the House of Representatives, for concurrence in the Senate 
Committee Substitute bill by special messenger. 

H.B. 2321 (Committee Substitute), a bill to continue the Agricultural Finance 
Authority, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 40, 
noes 3, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Ezzell, Goldston, Guy, Hardin, Harris, 
Hunt of Durham, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, 
Murphy, Parnell, Rauch, Raynor, Royall, Sands, Shaw, Sherron, Simpson, Smith, 
Soles, Speed, Staton, Taft, Tally, Walker, V/ard, and Wilson— 40. 

Voting in the negative: Senators Barker, Daughtry, and Johnson of Cabarrus — 3. 

The Committee Substitute bill is ordered enrolled. 

H.B. 2402 (Committee Substitute), a bill to expand the egg promotion tax to in- 
clude processed eggs, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 33, 
noes 7, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daughtry, Ezzell, Goldston, Guy, Har- 
din, Hunt of Durham, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, 
Murphy, Parnell, Rauch, Royall, Sherron, Simpson, Smith, Soles, Speed, Staton, 
Taft, and Walker— 33. 

Voting in the negative: Senators Johnson of Cabarrus, Kaplan, Sands, Shaw, 
Tally, Ward and Wilson— 7. 

The Committee Substitute bill is ordered enrolled. 

H.B. 950 (Senate Committee Substitute), a bill to increase the fee for service of 
process in civil and criminal actions, upon second reading. 

Senator Soles offers Amendment No. 1 which is adopted (40-0). 

The Senate Committee Substitute bill, as amended, passes its second reading by 
roll-call vote, ayes 36, noes 1, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Carpenter, 
Chalk, Cochrane, Conder, Daughtry, Ezzell, Guy, Hardin, Hunt of Durham, Johnson 
of Cabarrus, Kaplan, Kincaid, Lee, Martin of Pitt, Martin of Guilford, Marvin, Mur- 
phy, Rauch, Raynor, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Staton, Taft, Tally, Ward, and Wilson— 36. 

Voting in the negative: Senator Bryan— 1. 

The Senate Committee Substitute bill, as amended, is ordered placed on the Calen- 
dar for tomorrow, July 20, for further consideration, upon third reading. 



CONFERENCE REPORT 

H.B. 1291 (Senate Committee Substitute) 

Senator Barker for the Conferees appointed to consider the differences arising be- 
tween the Senate and the House of Representatives on H.B. 1291 (Senate Committee 



July 19, 1990 



292 SENATE JOURNAL [Second Session 

Substitute) , a bill concerning administration of small estates by the Clerk of Superior 
Court and a related provision of the Inheritance Tax Law, submits the following Re- 
port: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on the Senate Committee Substitute for House Bill 
1291, A BILL TO BE ENTITLED AN ACT CONCERNING ADMINISTRATION 
OF SMALL ESTATES BY THE CLERK OF SUPERIOR COURT AND A RE- 
LATED PROVISION OF THE INHERITANCE TAX LAW, wish to report as fol- 
lows: 

The House concurs in the Senate Committee Substitute with two additional amend- 
ments: 

(1) on page 2, lines 27 and 28 by striking through the word "or" on line 27 and 
deleting the word " devisees " on line 28; and 

(2) on page 2, line 35 by rewriting that line to read: 
"Sec. 2. G.S. 105-24 reads as rewritten: 

'§ 105-24. Access to safe deposits of decedents; withdrawal of bank deposits, 
etc., payable to either husband or wife or survivor." 

The Senate agrees to the same. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the 19th day of July, 1990. 

S/Bill Barker S/Donald Dawkins 

S/Jim Johnson ^; S/David T. Flaherty, Jr. 

S/Connie Wilson S/Annie B. Kennedy 

S/J. Ezzell 

Conferees on the part Conferees on the part of the 

of the Senate House of Representatives 

On motion of Senator Barker, the Conference Report is adopted (36-0), and a mes- 
sage is ordered sent to the House of Representatives informing that Honorable Body of 
such action. 



CALENDAR (Continued) 

H.B. 2213 (Committee Substitute), a bill clarifying the power of cities and counties 
to collect charges for the use of stormwater utilities, to give water and sewer authorities 
the power to operate and finance storm drainage systems, to direct the infrastructure 
study Commission to study whether each county needs multiple stormwater drainage 
systems, and to fund dispute resolution programs, as amended, upon second reading. 

On motion of Senator Lee, consideration of the Committee Substitute bill, as 
amended, is postponed until tomorrow, July 20. 

S.B. 1598 (Committee Substitute), a bill to increase the retirement formula for 
members and beneficiaries of the Teachers* and State Employees' Retirement System 
and the Local Governmental Employees' Retirement System, and to provide an in- 
crease to retirees of the Teachers' and State Employees' Retirement System, the 



July 19, 1990 



1990] SENATE JOURNAL 293 

Consolidated Judicial Retirement System, the Legislative Retirement System, and the 
Local Governmental Employees' Retirement System, temporarily displaced earlier. 

Without objection, the following Senators are excused from voting for the stated 
reasons: 

Senator Marvin: "I am a beneficiary of State and Teachers Retirement System." 

Ssnator Ward: "receiving retirement benefits." 

Senator Tally: "former teacher on retirement system." 

Senator Block offers Amendment No. 1 which is adopted (36-0). 

The Committee Substitute bill, as amended, passes its second (36-0) and third 
readings and is ordered, without objection, engrossed and sent to the House of Repre- 
sentatives by special messenger. 

APPOINTMENT OF CONFERENCE COMMITTEE 

S.B. 1506 (House Committee Substitute), a bill to allow judges to use house arrest 
as a condition of special probation in certain DWI cases, and to provide that certain 
misdemeanants may be paroled and placed under house arrest. 

The motion of Senator Sands, prevailing on July 18, that the Senate do appoint 
conferees, the President Pro Tempore appoints Senators Parnell (Chairman), Sands, 
Johnson of Cabarrus, and Guy as conferees on the part of the Senate to resolve the 
differences arising between the two Bodies, and a message is ordered sent to the House 
of Representatives informing that Honorable Body of such action and requesting con- 
ferees. 



CALENDAR (Continued) 

S.B. 1481 (House Committee Substitute), a bill to authorize Haywood and Pender 
Counties and Surf City to collect certain fees in the same manner as ad valorem taxes, 
for concurrence in the House Committee Substitute bill, upon second reading. 

Without objection, on motion of Senator Barnes, the House Committee Substitute 
bill is taken from its regular order of business and placed before the Senate for imme- 
diate consideration. 

The Senate concurs in the House Committee Substitute bill on its second reading by 
roll-call vote, ayes 39, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Goldston, Guy, Hardin, 
Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Lee, Martin of Pitt, Martin 
of Guilford, Marvin, Murphy, Parnell, Rauch, Raynor, Roy all. Sands, Sherron, 
Simpson, Smith, Soles, Speed, Taft, Tally, Walker, Ward, and Wilson— 39. 

Voting in the negative: None. 

The measure is ordered placed on the Calendar for tomorrow, July 20, for concur- 
rence in the House Committee Substitute bill, upon third reading. 

RECALL FROM OFFICE OF PRINCIPAL CLERK 

S.B. 817 (House Committee Substitute), a bill to provide that possession of materi- 
als containing a visual representation of a minor engaging in sexual activity is a fel- 
ony, received for concurrence on June 12 and ruled not germane upon a point of order 
raised. 

Senator Wilson offers a motion that the rules be suspended to recall the House 
Committee Substitute bill from the Office of the Principal Clerk for consideration upon 
concurrence, which motion prevails. 

The House Committee Substitute bill is presented to the Senate, read, and upon 
motion of Senator Wilson referred to the Judiciary III Committee. 



July 19, 1990 



294 SENATE JOURNAL [Second Session 

CALENDAR (Continued) 

H.B. 806, a bill to authorize the City of Raleigh to regulate stormwater. 

On motion of Senator Sands, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings and is ordered, without 
objection, sent to the House of Representatives, for concurrence in Senate Amend- 
ment No. 1 by special messenger. 

H.B. 2115, a bill to exempt Macon County from certain procedural requirements 
on disposal of land as an industrial park. 

Without objection, the bill is taken from its regular order of business and placed 
before the Senate for immediate consideration. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 2246, a bill to provide for staggered terms in the membership of the Sim- 
mons-Nott Airport Authority. 

On motion of Senator Sands, Committee Amendment No. 1 is adopted, changing 
the title, upon concurrence, to read H.B. 2246, a bill to provide for staggered terms 
in the membership of the Simmons-Nott Airport Authority, to change the name of 
that authority to the Craven County Regional Airport Authority, and to change the 
name of the Simmons-Nott Airport to the Craven County Regional Airport. 

On motion of Senator Sands, Committee Amendment No. 2 is adopted. 

The bill, as amended, passes its second and third readings and is ordered, without 
objection, sent to the House of Representatives, for concurrence in Senate Amend- 
ments No. 1 and No. 2 by special messenger. 

S.B. 1363 (House Committee Substitute), a bill to modify the time allowed for 
filing certain property tax appeals, to make the penalty for submitting a bad check in 
payment of property taxes the same as for submitting a bad check in payment of other 
taxes, and to make technical corrections to the property tax statutes, for concurrence 
in the House Committee Substitute bill, upon second reading. 

Without objection, the House Committee Substitute bill is taken from its regular 
order of business and placed before the Senate for immediate consideration. 

The Senate concurs in the House Committee Substitute bill on its second reading by 
roll-call vote, ayes 40, noes 0, as follows: 

Voting in the affirmative: Senators Ballance, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Ezzell, Goldston, Guy, Hardin, 
Harris, Hunt of Durham, Johnson of Cabarrus, Kaplan, Kincaid, Lee, Martin of Pitt, 
Martin of Guilford, Marvin, Murphy, Parnell, Rauch, Raynor, Royall, Sands, Sher- 
ron, Simpson, Smith, Soles, Speed, Staton, Taft, Tally, Walker, and Ward— 40. 

Voting in the negative: None. 

The measure is ordered placed on the Calendar for tomorrow, July 20, for concur- 
rence in the House Committee Substitute bill, upon third reading. 



SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

S.B. 300 (House Committee Substitute), a bill to permit emergency medical service 
emergency support vehicles to have red lights and sirens, for concurrence in the House 
Committee Substitute bill, which is placed on the Calendar for tomorrow, July 20. 

S.B. 1467 (Committee Substitute), a bill to increase the fees that may be charged 
by the State Board of Barber Examiners, for concurrence in the House Committee 
Substitute bill, which changes the title, upon concurrence, to read S.B. 1467 (House 
Committee Substitute), a bill to increase the fees that may be charged by the State 



July 19, 1990 



1990] SENATE JOURNAL 295 

Board of Barber Examiners and the State Board of Examiners of Practicing Psycholo- 
gists, which is placed on the Calendar for tomorrow, July 20. 

S.B. 1486 (House Committee Substitute), a bill to provide that the Pender County 
Board of Education shall take office on the first day of July following its election, for 
concurrence in the House Committee Substitute bill, which is placed on the Calendar 
for tomorrow, July 20. 

H.B. 2297 (Committee Substitute), a bill to appoint persons to various public of- 
fices upon the recommendation of the Speaker of the House of Representatives, which 
is placed on the Calendar for tomorrow, July 20. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

H.B. 1223 House of Representatives 

July 19, 1990 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House has adopted the report of the Conferees on HB No. 1223, A BILL TO BE 
ENTITLED AN ACT TO PROVIDE ADDITIONAL TIME FOR THE DEVELOP- 
MENT OF WATER SUPPLY WATERSHED CLASSIFICATIONS AND FOR THE 
CLASSIFICATION OF EXISTING WATER SUPPLY WATERSHEDS AND TO 
DELAY THE DEVELOPMENT OF NEW SANITARY LANDFILLS FOR THE 
DISPOSAL OF NONHAZARDOUS SOLID WASTE IN WATER SUPPLY WATER- 
SHEDS FOR WHICH A PETITION FOR RECLASSIFICATION IS PENDING UN- 
TIL THE CLASSIFICATION OF SUCH WATERSHEDS IS COMPLETED, to the 
end that when a similar action has been taken on the part of the Senate, we will order 
the bill enrolled. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

S.B. 1506 House of Representatives 

(House Committee Substitute) July 19, 1990 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur in House 
Comm. Sub. to SB No. 1506, A BILL TO BE ENTITLED AN ACT TO ALLOW 
JUDGES TO USE HOUSE ARREST AS A CONDITION OF SPECIAL PROBA- 
TION IN CERTAIN DWI CASES, AND TO PROVIDE THAT CERTAIN MIS- 
DEMEANANTS MAY BE PAROLED AND PLACED UNDER HOUSE ARREST, 
the Speaker has appointed as conferees on the part of the House, Representatives 
Barnes, Payne, Cooper and Privette to act with a like committee on the part of the 
Senate to the end that the differences existing between the two bodies may be adjusted. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 



July 19, 1990 



296 SENATE JOURNAL [Second Session 

On motion of Senator Barnes, seconded by Senator Kaplan, the Senate adjourns at 
5:40 P.M. to meet tomorrow, July 20, at 2:00 P.M. 



ONE HUNDRED SIXTY-SEVENTH DAY 

Senate Chamber, 
Friday, July 20, 1990. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, Senate Chaplain, as follows: 

"Without work there is no need to dream. Without dreams there is no need to work. 

"Father, for the dreamers and the planners, for those who motivate us to see beyond 
today to a better North Carolina, we give thanks; and for the workers, who diligently 
carry out the plans and work toward the goals we share, we give thanks. 

"Finally, Father, remind us that the dreamer and the worker are not two different 
people but are one in the same. The key ingredient is timing. Give to us the wisdom 
to know when it is time to dream and plan, and when it is time to roll up our sleeves. 
Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
July 19, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for today to Senator Johnson of Cabarrus, 
whose attendance is required in court, and to Senator Swain, Senator Kaplan, and 
Senator Richardson. 

Senator Kaplan is noted present for a portion of today's Session. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 

S.B. 734 (House Committee Substitute), an act to amend the General Rules of 
Pleadings to allow the claimant thirty days to respond to a request for a statement of 
the monetary relief sought and to modify procedures of the Judicial Standards Com- 
mission to provide for waiver of confidentiality under certain circumstances. (Ch. 
995) 

S.B. 766 (House Committee Substitute), an act to provide that a vested right shall 
be established for two years, with provision for extension not to exceed five years, 
upon city or county approval of a site specific development plan and that a vested right 
shall be established not to exceed five years upon city or county approval of a phased 
development plan. (Ch. 996) 

S.B. 1439, an act to transfer the Veterans and Military Education Program from 
the Department of Community Colleges and the State Board of Community Colleges to 
the Board of Governors of the University of North Carolina. (Ch. 997) 

H.B. 2115, an act to exempt Macon County from certain procedural requirements 
on disposal of land as an industrial park. (Ch. 998) 



July 20, 1990 



1990] SENATE JOURNAL 297 

H.B. 2136 (Committee Substitute), an act to allow Durham County to create a 
special projects district as a separate political subdivision within the county for the 
purpose of funding joint projects undertaken through interlocal cooperation agreements 
between the County of IDurham, the City of Durham, and the Town of Chapel Hill to 
ensure proportional equality of city and county taxpayer participation and to allow an 
extension of time for Durham County Hospital Corporation to file an application for a 
sales and use tax refund. (Ch. 999) 

H.B. 2321 (Committee Substitute), an act to continue the Agricultural Finance 
Authority. (Ch. 1000) 

H.B. 2402 (Committee Substitute), an act to expand the egg prom.otion tax to in- 
clude processed eggs. (Ch. 1001) 

S.B. 1084 (Committee Substitute), an act to conform the laws of North Carolina to 
the requirements of certain federal laws and constitutional principles. (Ch. 1002) 

H.B. 1679 (Senate Committee Substitute), an act to provide early intervention, 
developmental services, and education to handicapped children from birth to five years 
of age. (Ch. 1003) 

H.B. 2260 (Senate Committee Substitute), an act to make clarifying, conforming, 
and technical amendments to various laws relating to environment, health, and natu- 
ral resources. (Ch. 1004) 



SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

S.B. 1446 (House Committee Substitute), a bill to revise and consolidate the Char- 
ter of the City of Newton, for concurrence in the House Committee Substitute bill, 
which is placed on the Calendar for Thursday, July 26. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

H.B. 1205 House of Representatives 

Senate Committee Substitute July 19, 1990 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House has adopted the report of the Conferees on the Senate Comm. Sub. to HB. 
No. 1205, A BILL TO BE ENTITLED AN ACT TO REQUIRE THE STATE 
BOARD OF COSMETIC ART EXAMINERS TO ISSUE A TEMPORARY EM- 
PLOYMENT PERMIT TO PERSONS WHO HAVE APPLIED AND ARE QUALI- 
FIED TO TAKE THE EXAMINATION FOR APPRENTICE COSMETOLOGIST, 
REGISTERED COSMETOLOGIST, OR REGISTERED MA.NICURIST, to the end 
that when a similar action has been taken on the part of the Senate, we will order the 
bill enrolled. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 



July 20, 1990 



298 SENATE JOURNAL [Second Session 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

H.B. 2331 House of Representatives 

July 20, 1990 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House has adopted the report of the Conferees on the H.B. No. 2331, A BILL TO 
BE ENTITLED AN ACT TO INCREASE THE ANNUAL FEE PAID BY PERSONS 
LICENSED TO CONSTRUCT AND PERSONS WHO OPERATE NUCLEAR FA- 
CILITIES TO THE DEPARTMENT OF ENVIRONMENT, HEALTH, AND 
NATURAL RESOURCES FOR PLANNING AND IMPLEMENTING EMERGENCY 
RESPONSE ACTIVITIES, to the end that when a similar action has been taken on 
the part of the Senate, we will order the bill enrolled. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

H.B. 1291 House of Representatives 

Senate Committee Substitute July 20, 1990 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House has adopted the report of the Conferees on the Senate Comm. Sub. to HB 
No. 1291, A BILL TO BE ENTITLED AN ACT CONCERNING ADMINISTRA- 
TION OF SMALL ESTATES BY THE CLERK OF SUPERIOR COURT AND A 
RELATED PROVISION OF THE INHERITANCE TAX LAW, to the end that when 
a similar action has been taken on the part of the Senate, we will order the bill en- 
rolled. 

Respectfully, 
, ; S/Grace A. Collins 

' ' ' Principal Clerk ' • * ^'''' 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

S.B. 917 House of Representatives 

House Committee Substitute July 20, 1990 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur in House 
Comm. Sub. to SB No. 917, A BILL TO BE ENTITLED AN ACT TO REQUIRE 
PROPER TREATMENT AND DISPOSAL OF SEWAGE AND OTHER WASTE 
FROM CHEMICAL AND PORTABLE TOILETS, the Speaker has appointed as con- 
ferees on the part of the House, Representatives Hackney, Warner and Craven to act 
with a like committee on the part of the Senate to the end that the differences existing 
between the two bodies may be adjusted. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 



July 20, 1990 



1990] SENATE JOURNAL 299 

Senator Barnes offers a motion the rules be suspended to the end that all bills on the 
Calendar for today requiring a call of the roll pursuant to Article II, Section 23 of the 
Constitution of North Carolina be taken from their regular order of business and 
placed at the beginning of today's calendar.